Credit Card Arbitration Agreements - Creates Private Law According to Professor Elizabeth Bartholet

Harvard Professor Elizabeth Bartholt's testimony before the US Senate on July 23, 2008 gives a fascinating look at the reality of arbitration clauses in employment contracts and credit card agreements.  She testifies that she herself was an arbitrator for a time in credit card cases.  She ruled 18 times in a row for the credit card issuer and the 19th time for the consumer.  After ruling for the consumer, she was systematically removed from doing any further arbitrations until she resigned the position.  Arbitrations counted for 1% of her income.  Prof. Bartholet's comments can be found here.   The arbitration clauses as well as a significant portion of the procedure is standard language in credit card agreements of course.  Congress?  are you listening?