employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are … unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration … adequate consideration and that arbitration agreements containing unilateral-modification clauses are enforceable. This article …

the standard of judicial review that any such labor arbitration decision would normally be subjected to. Under the FAA in … the context of commercial arbitration, this issue has generated a significant amount of scholarly debate by academic … Circuit opinion written by Judge Posner, the alteration of the standard of judicial review of labor arbitration awards in the …

This is a short essay introducing the reader to arbitration. Designed for general practitioners and non-lawyers, the … essay includes sections on: The advantages of arbitration over litigation: speed, cost, and informality. Concerns about … arbitration, especially arbitration agreements drafted by a party with overwhelming bargaining power and imposed upon a much …

International arbitration entertains a particular relationship with its own literature – the written knowledge in the … pretending to analyse it? Not really. But in arbitration, this relationship (call it, quite normatively, expertise … books have guided it? Who are, citation-wise, the great, impactful authors of international arbitration, and how do they …

is article describes the legal issues of the development and use of electronic arbitration systems as an alternative … method of dispute resolution. E-arbitration and arbitration are interrelated concepts, but electronic arbitration aligns with … the trends of deformalized arbitration. Despite the formal legality, the trend is breaking the existing legal framework …

Two decades ago the Supreme Court interpreted the Federal Arbitration Act of 1925 as proclaiming a "national policy … favoring arbitration." Since then the Court has significantly federalized commercial arbitration. The essay outlines a … blueprint of "arbitration federalism" - preemption principles under the judicially-revitalized FAA - that permits states a …

Incomplete contracts and laws often lead to disputes. Before a dispute arises, parties can adopt an arbitration clause …. Our results contrast with existing literature, which does not distinguish between contracts, where arbitration clauses are … litigation tax, might increase litigation in contracts. Finally, we note that arbitration clauses are akin to making a contract …

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …

Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration … the foundations of arbitration communities on a regional, let alone global, level. However, this eventually occurred in … repricing of public-procurement contracts. This story can teach us about more than the simple evidence that arbitrators, too …

Until recently, it was understood that mandatory arbitration was a "do-it-yourself tort reform": corporate defendants …-dispute arbitration. But now that there is a significant possibility that Congress will amend the Federal Arbitration Act to make pre …-dispute arbitration clauses unenforceable, critics have been stymied by the re-emergence of an argument that mandatory arbitration is a …