Arbitration providers, such as the American Arbitration Association (“AAA”) and JAMS, have promulgated due process … protocols to regulate the fairness of consumer and employment arbitration agreements. A common criticism of these due process … protocols, however, has been that they lack an enforcement mechanism. While arbitration providers state that they enforce the …

Over the past several decades, the profile of arbitration has changed dramatically. Arbitration is no longer the … province of sophisticated participants. Consumers who enter into contracts that substitute binding arbitration for the public … providers. The merits of this consumer arbitration jurisprudence have been debated heatedly by members of the judiciary, legal …

For years, the international legal community has debated the propriety of large-scale arbitration. Most of the analysis … has focused on the pros and cons of class arbitration, based on the apparent assumption that any future forms of large …-scale arbitration will follow the model initially developed by the United States in the 1980s. However, other types of group arbitration …

We provide the first study of varying use of arbitration clauses across contracts within the same firms. Using a sample … of 26 consumer contracts and 164 nonconsumer contracts from large public corporations, we compared arbitration clause use … agreements provided for mandatory arbitration but less than 10% of the firms' material nonconsumer, nonemployment contracts …

Building upon the work of the ABA Dispute Resolution Section's Consumer Arbitration Study Group, a National Roundtable … on Consumer Arbitration was held in February, 2012, at Pepperdine University and was co-sponsored by Pepperdine School of …

Arbitration clauses in consumer contracts are ubiquitous. Typically, it is the party selling the good or providing the … in the form will be a provision for the resolution of dispute exclusively through arbitration and the waiver of the right … to litigate by the consumer. This paper proposes that it is required to be recognized that mandatory arbitration …

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 as the costs incurred by consumers in arbitration, the speed of the …