Defending Investors from Forced Arbitration
Our Mission
The Alliance to Protect Shareholder Value is a coalition of investors and advocates committed to reversing the SEC’s radical new forced shareholder arbitration policy, which allows corporations to compel shareholder claims into private, compulsory arbitration.
As numerous institutional investors and financial experts have noted, the SEC’s stark reversal of its well-established, decades-old policy threatens our capital markets by eliminating fairness and transparency, depressing shareholder value, putting investors at risk of massive losses, and shielding companies that commit fraud or misconduct from public accountability.
The Alliance is committed to overturning the SEC’s drastic and unprecedented policy change, as well as to challenging any company that attempts to include a forced or mandatory arbitration provision in its governing documents.
Why It Matters
Investor protections unravel. The SEC’s reversal rolls back decades of safeguards designed to keep capital markets transparent and companies accountable to shareholders, investors, and the public.
Transparency disappears. Forced shareholder arbitration happens behind closed doors, shielding outcomes from regulators, investors, and the public.
Investors lose power. Forced shareholder arbitration blocks shareholders from joining together to recover losses caused by fraud or corporate abuse.
Companies put themselves at risk. If a company forces individual, mandatory arbitration, they signal a lack of transparency and accountability, damaging their own reputation and investor confidence.
Shareholder value declines. When oversight weakens, misconduct is likely to increase, and the costs fall on investors.
Market stability is jeopardized. Confidence in U.S. capital markets depends on fairness and transparency. Secret proceedings will erode transparency and trust.
"[Institutional] investors have fiduciary obligations to their members. They are going to have to bring arbitrations. We’re not talking about one litigation or five litigations or 10 litigations. We are talking, in certain circumstances, likely hundreds of separate arbitrations. The defendants in these cases are the CEO, the CFO – the senior executives are the witnesses. So you’re going to have your CEO deposed 200 times? That is not a manageable way to conduct business."
— Laura Posner, Partner at Cohen Milstein
Capitol Account: Countering an Administration `Hell-Bent on Attacking Investor Rights' (11/21/25)
Law360: Investor Advocates Criticize SEC's New Arbitration Stance (11/6/25)
Pensions & Investments: More than 60 state officials and pension funds criticize SEC’s new mandatory arbitration policy (10/22/25)