the benefits of alternative dispute resolution over litigation/arbitration procedures, both of which tend to facilitate …

and unpredictable jockeying for authority and advantage. The article proposes that arbitration clauses governing …

contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers … arbitration clauses in consumer contracts were evaluated for fairness to conclude that courts should be more receptive to such …This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer …

Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke … that never signed an arbitration clause. In cross-border arbitration, the genesis of decision-making power derives from no … single legal system. Arbitration arises from the parties' decision that the dispute should not be decided by national courts …

footing” with other contracts. Nonetheless, federal and state courts have placed arbitration clauses on a pedestal by creating … special interpretive rules for arbitration clauses that do not apply to other contracts. In doing so, they have relied … Arbitration Act was to make arbitration clauses just like other contracts, this article proposes that courts should not rely on a …

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 … Court doctrines: the FAA preemption doctrine (which forbids state courts and legislatures from singling out arbitration …