BUILDING THE CFPB'S ARBITRATION ARCHIVE: A COMMENTARY ON DESIGN, IMPLEMENTATION, AND PRIVACY.

The Consumer Financial Protection Bureau is considering a proposal to require the submission of arbitral claims and awards, which could be published online. The proposal's justifications include analyses of trends, diagnostics of arbitrator bias, and transparency in the arbitral system. This article considers the potential role of archive design and collection in the effectiveness of the arbitration archive. We focus on how submission requirements and data structure may affect the usefulness of the archive, especially for empirical analyses. We also discuss the unique privacy issues at stake. The analysis draws on legal considerations applicable to the financial services sector and potentially covered persons, the design of existing governmentmanaged data archives of industry data, and previous studies of arbitral claims and awards. [ABSTRACT FROM AUTHOR]