This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration … effects of these distinctions in that context. It explains that such arbitration is generally private in that it is a closed … confusion regarding the arbitration process that may lead parties to accept arbitration agreements without contracting for …

The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions … enforcing these arbitration provisions that acknowledges the impacts of these provisions in a particular communal context … arbitration provisions …

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution (ODR), which … includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration … party that is enforceable under the Federal Arbitration Act (FAA). Indeed, I have written about OArb on prior occasions, due …

Arbitration has been moving online for some time, especially with the growth of Online Dispute Resolution (“ODR …”), which includes using technology to assist online negotiation, mediation, arbitration, and variations thereof. Online … Arbitration (“OArb”) is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral …

-line arbitration. This Article, however, explores the potential for online binding arbitration (OArb), and sheds new light on … arbitration as means for empowering consumers to obtain remedies on their e-merchant claims. By moving arbitration online, OArb … helps address concerns regarding companies’ use of arbitration clauses to curb consumers’ access to remedies on their …

As arbitration’s prominence grows in a wide variety of contracts, it is imperative to ensure fairness with respect to … its use and procedures. However, the proposed Arbitration Fairness Act (AFA) may be too rash in its blanket ban on pre …-dispute arbitration agreements in employment, consumer, franchise, and civil right claims contexts. Instead, a more measured approach is …

Attorneys face mixed messages regarding consumer arbitration: Mixed professional responsibility rules; mixed legal … is therefore doubtful that attorneys would face discipline for drafting or enforcing onerous consumer arbitration … matter how good it looks." Attorneys representing companies in drafting or enforcing consumer arbitration should therefore …

This article proposes legislative procedural reforms accounting for the realities of consumer arbitration that have … finding arbitration. Accordingly, this is not a call to ban all pre-dispute arbitration clauses in consumer contracts, but is … warranty remedies through arbitration. The time is ripe for legislative reforms that account for the importance of procedural …

efficiency has prevailed to result in U.S. courts’ strict enforcement of arbitration provisions in both business-to-business (“B2 … States in generally enforcing B2B arbitration under the New York Convention, many other countries refuse or strictly limit … arbitration enforcement in B2C relationships due to concerns regarding power imbalances and public enforcement of consumer …

Arbitration has been moving online for some time, especially with the growth of Online Dispute Resolution (“ODR …”), which includes using technology to assist online negotiation, mediation, arbitration, and variations thereof. Online … Arbitration (“OArb”) is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral …