For the third time in the modern era, a triad of key Supreme Court decisions represents a milestone in American arbitration. In this highly controversial “Third Arbitration Trilogy,” the U.S. Supreme Court aggressively expands the “revealed” penumbra of substantive arbitration law under...

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it...

Today as never before, commercial dispute processing is “mixed mode,” with business parties and counsel employing a variety of diverse approaches in order to promote their varied priorities in resolving conflict. Just as drivers on a multi-lane highway shift from lane to lane as...

In this sequel to his 1986 article on punitive damages in arbitration, Professor Stipanowich explores the issues at the heart of the debate over whether punitive or exemplary damages should be available in arbitration between investors and securities brokers and firms. He critiques relevant...

After a generation of growing emphasis on informal methods of conflict resolution, the surrounding legal landscape remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial decisions involving application of federal or state...

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 Law, the Straus Institute for Dispute Resolution, and...