This Article presents the results from the first detailed empirical study of consumer arbitration as administered by the American Arbitration Association. Primarily using a sample of 301 AAA consumer arbitrations that resulted in an award between April and December 2007, it considers such issues...

This paper uses a newly available database of consumer credit card agreements to take the first, in-depth empirical look at why credit card issuers use arbitration clauses. Based on a sample of credit card agreements made available by 298 issuers under the Credit Card Accountability...

This paper, prepared for the 30th anniversary conference of the School of International Arbitration at Queen Mary University of London, highlights some empirical studies on international commercial arbitration that have been published during the past ten years. Part 1 offers some comments on...

Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are either abandoning arbitration altogether or using more 'carve-out' provisions...

Although empirical knowledge about the process of international arbitration and its effectiveness is incomplete, a growing number of empirical studies are being published. By expanding the degree of empirical knowledge about international commercial arbitration, these efforts should benefit all...

This article is the National Report of the United States for the XVIIth International Congress of Comparative Law held in Utrecht, The Netherlands. Part I provides an overview of international arbitration law in the United States, highlighting some currently unsettled issues. Part II describes...

This article argues for an economic approach to a widely-debated issue in the international commercial arbitration literature: whether arbitration awards vacated in the arbitral situs should nonetheless be enforceable in other jurisdictions. Under this economic approach, parties should be...

With its focus on private legal systems, the private ordering literature sets up a seeming dichotomy between public court adjudication of disputes, applying publicly created laws, and private arbitral adjudication of disputes, applying privately developed rules. Trade association arbitrations...

This paper examines why parties agree to arbitrate. Or, more specifically, it examines whether parties agree to arbitrate for procedural reasons or for substantive reasons. Procedural reasons focus on how the arbitral process differs from the litigation process: it may be faster, cheaper, or...