Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political … prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and … alternative is to try reforms that seek to make arbitration more closely resemble judging. Some common reforms that have been …

-stripping provisions onto their arbitration clauses. Courts have not sufficiently analyzed such remedy-stripping clauses or attempted to … craft a coherent and uniform approach to them. To date, courts have either held the entire arbitration clause unconscionable … and therefore unenforceable; severed the offending remedy-stripping terms, to enforce a "cleaned up" arbitration clause …

The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for … of commercial arbitration that uphold contract law. When used to resolve disputes between foreign companies it is an … exercise in private international law. Arbitration in ISDS, however, operates at the level of public international law, because …

arbitration, in particular, the Arbitration and Conciliation Act, 1996 to find out the extent to which the requirements of …Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than …

This chapter studies in depth the regulation of Arbitration and Mediation in Spain. The 2003 Arbitration Act is … approached in a critical manner both as regards domestic and international arbitration. Besides, the mediation bill draft is also …

This paper discusses the provisions on arbitration of the European Commission’s December 2010 draft review of Reg. (EC …) 44/2001 against the backdrop of the earlier proposals on the inclusion of arbitration within the scope of the Regulation …(4) of the draft, pointing out the analogy between the role conferred on the law and forum of the seat of the arbitration and …

This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration … effects of these distinctions in that context. It explains that such arbitration is generally private in that it is a closed … confusion regarding the arbitration process that may lead parties to accept arbitration agreements without contracting for …

Impartiality and independence of arbitrators, standing right at the forefront of the arbitration and, essentially … in International Arbitration were published by the IBA. Nevertheless, despite the optimistic expectations of the drafters …