Mandatory arbitration has engendered a significant amount of debate, much of which focuses on the proper response the law should make to "one-sided" clauses - i.e., those that restrict the remedies and procedures available to individuals in arbitration. But how do we identify one-sided clauses?...

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,...

It is widely acknowledged that the purpose of the Federal Arbitration Act was to place arbitration clauses on “equal footing” with other contracts. Nonetheless, federal and state courts have placed arbitration clauses on a pedestal by creating special interpretive rules for arbitration...

Why are NonDisclosure Agreements not simply a matter of providing for the liberty interests of the parties to enter into contracts that they choose to make with each other? As a start, we want to offer an analysis of a cornerstone of such contracts, the prescription of agreed damages commonly...

This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil...

Arbitration clauses in international contracts have become increasingly popular in recent years. They offer parties to a contract a flexible and efficient alternative to traditional court litigation, particularly in cross-border transactions. However, the enforceability and effectiveness of...

The Alternative Dispute Resolution procedure provides an amicable settlement mechanism with the assistance of independent or so-called neutral professionals to resolve conflicts between the contracting parties. Alternative dispute resolution has become increasingly relevant in today’s world,...