Cite as: 531 U. S. 79 (2000)
Syllabus
costs, and thereby be unable to vindicate her statutory rights in arbitration. Although the existence of large arbitration costs may well preclude a litigant like Randolph from effectively vindicating such rights, the record does not show that Randolph will bear such costs if she goes to arbitration. Indeed, it contains hardly any information on the matter, revealing only the agreement's silence on the subject. That fact alone is plainly insufficient to render it unenforceable. To invalidate the agreement would undermine the liberal federal policy favoring arbitration agreements, Moses H. Cone Memorial Hospital v. Mercury Constr. Corp., 460 U. S. 1, 24, and would conflict with this Court's holdings that the party resisting arbitration bears the burden of proving that Congress intended to preclude arbitration of the statutory claims at issue, see, e. g., Gilmer, supra, at 26. Thus, a party seeking to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive bears the burden of showing the likelihood of incurring such costs. Randolph did not meet that burden. The Court need not discuss how detailed such a showing would have to be, for in this case, there was no timely showing at all on the point. Pp. 89-92. 178 F. 3d 1149, affirmed in part and reversed in part.
Rehnquist, C. J., delivered the opinion of the Court, Part II of which was unanimous and Parts I and III of which were joined by O'Connor, Scalia, Kennedy, and Thomas, JJ. Ginsburg, J., filed an opinion concurring in part and dissenting in part, in which Stevens and Souter, JJ., joined, and in which Breyer, J., joined as to Parts I and III, post, p. 92.
Carter G. Phillips argued the cause for petitioners. With him on the briefs were Paul J. Zidlicky, Robert A. Huffaker, and William H. Webster.
Joseph M. Sellers argued the cause for respondent. With him on the brief were Suzette M. Malveaux, Deborah J. Vagins, C. Knox McLaney III, and Lynn W. Jinks III.*
*Briefs of amici curiae urging reversal were filed for the Alabama Manufactured Housing Institute by Robert E. Sasser; for the American Arbitration Association by Florence Peterson, John M. Townsend, Daniel Wolf, and James H. Carter; for the American Bankers Association et al. by Christopher R. Lipsett, Eric J. Mogilnicki, and Todd Zubler; and for the Equal Employment Advisory Council by Ann Elizabeth Reesman.
Briefs of amici curiae urging affirmance were filed for the Consumers Union of the United States by Sally J. Greenberg; for Public Citizen by Alan B. Morrison and Paul Levy; for Trial Lawyers for Public Justice
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