In this Policy Statement regarding mandatory arbitration, Chairman Atkins highlighted two queries to support the Commission’s shift in policy to allow for the use of mandatory arbitration by newly publicly traded companies:There are two separate questions with respect to mandatory arbitration. First, what is the state of the law on the permissibility of mandatory arbitration provisions? The answer to the first question sits at the intersection of the federal securities laws, state corporate law, and the Federal Arbitration Act of 1925 (the “Arbitration Act”). Accordingly, the Policy Statement provides the Commission’s views on whether mandatory arbitration provisions are inconsistent with the federal securities laws – and concludes that they are not. ***Turning to the second question – with clarity under the federal securities laws and assuming validity under state corporate law – should a company adopt a mandatory arbitration provision?