The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of...

A bill currently pending in Congress would render unenforceable mandatory arbitration clauses in all employment contracts. Some perceive these provisions as employer efforts to deprive employees of important legal rights. Company CEOs are firm employees, and, unlike most other firm employees,...

The separability of an arbitration agreement from the underlying contract is a well-established theory in commercial arbitration. This theory has been applied by courts and arbitral tribunal across the globe without any deviance. However, the position becomes complex when the question is...

American courts operate under the strong presumptions that the Federal Arbitration Act makes nearly all claims arbitrable and nearly all arbitration agreements enforceable. However, the FAA Section 2 provides that arbitration agreements shall be valid, irrevocable, and enforceable, save upon...

Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke the jurisdiction of otherwise competent courts. Nevertheless, arbitrators do hear cases involving entities and individuals that never signed an arbitration clause. In cross-border...

When a multinational corporation files for bankruptcy, which nation has jurisdiction over the proceedings and which nation's law applies? There is no clear international norm governing the issue, so parties and states are left to inefficient and unpredictable jockeying for authority and...