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...

This paper, prepared for the 30th anniversary conference of the School of International Arbitration at Queen Mary University of London, highlights some empirical studies on international commercial arbitration that have been published during the past ten years. Part 1 offers some comments on...

The Amended FTC Franchise Rule requires franchisors to disclose material litigation and arbitration actions in Item 3 of their Franchise Disclosure Documents. The Amended Rule expanded the scope of the disclosure obligation so that most if not all franchisor-initiated actions must be disclosed...

This paper uses a newly available database of consumer credit card agreements to take the first, in-depth empirical look at why credit card issuers use arbitration clauses. Based on a sample of credit card agreements made available by 298 issuers under the Credit Card Accountability...

Although empirical knowledge about the process of international arbitration and its effectiveness is incomplete, a growing number of empirical studies are being published. By expanding the degree of empirical knowledge about international commercial arbitration, these efforts should benefit all...

This article is the National Report of the United States for the XVIIth International Congress of Comparative Law held in Utrecht, The Netherlands. Part I provides an overview of international arbitration law in the United States, highlighting some currently unsettled issues. Part II describes...

This article argues for an economic approach to a widely-debated issue in the international commercial arbitration literature: whether arbitration awards vacated in the arbitral situs should nonetheless be enforceable in other jurisdictions. Under this economic approach, parties should be...

With its focus on private legal systems, the private ordering literature sets up a seeming dichotomy between public court adjudication of disputes, applying publicly created laws, and private arbitral adjudication of disputes, applying privately developed rules. Trade association arbitrations...