Mandatory disclosure of evidence and double jeopardy are considered to be among the most important bulwarks against …

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 …

This paper presents an arbitration version of the MythBusters television show. It employs a MythBusters-type approach … - subjecting commonly held views to empirical testing - to examine several commonly held myths about arbitration. It finds: (1) the … myth that the number of arbitration proceedings held in a country increases after it enacts a new arbitration statute is …

arbitration clauses, and we see no evidence suggesting that they will, class actions will not become extinct …In this article, we consider whether arbitration clauses are likely to result in the extinction of the class action. In … nonseverability provisions, which provide that if the class arbitration waiver is held unenforceable the entire arbitration clause …

resolving business disputes than arbitration. But the limited empirical evidence available does not show any significant move …The future of arbitration depends not only on arbitration but also on its competitors—the public courts, including … business courts. The creation of business courts incorporates some of the preferred characteristics of arbitration (in …

Arbitration innumeracy, as I use the phrase here, is the “inability to deal comfortably with the fundamental notions of … number and chance” in evaluating arbitration, particularly consumer and employment arbitration. This article discusses a … number of examples of possible arbitration innumeracy — cases in which statistics about arbitration are incomplete or …

possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …