We provide the first study of varying use of arbitration clauses across contracts within the same firms. Using a sample … of 26 consumer contracts and 164 nonconsumer contracts from large public corporations, we compared arbitration clause use … agreements provided for mandatory arbitration but less than 10% of the firms' material nonconsumer, nonemployment contracts …

This Article presents the results from the first detailed empirical study of consumer arbitration as administered by … the American Arbitration Association. Primarily using a sample of 301 AAA consumer arbitrations that resulted in an award … between April and December 2007, it considers such issues as the costs incurred by consumers in arbitration, the speed of the …

In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal … — maps the terrain of agency arbitration regulation under Trump and discusses why some efforts to roll back Obama … administrative agencies would halt in its tracks. But something more interesting happened. Instead of stopping agency arbitration …

) 44/2001 against the backdrop of the earlier proposals on the inclusion of arbitration within the scope of the Regulation … and positive consequences of the Commissions’ restraint in not extending the scope of the Regulation to other arbitration …This paper discusses the provisions on arbitration of the European Commission’s December 2010 draft review of Reg. (EC …

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 …

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 … to arbitration. Litigation in business courts has some advantages over arbitration (such as lower upfront costs), while …

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 …