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 …

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 …

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 …

and significantly performed in the United States. The contract also contained an arbitration clause, requiring that any … disputes be resolved using Sharia law as implemented through an arbitration panel. When a dispute over the ownership of funds … Texas court refused to take up the matter, and effectively upheld the arbitration clause. This paper explores the increasing …

Arbitration Act (FAA), as interpreted by courts. Anyone who does so faces vacatur and in extreme cases a finding that the action …

In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal … administrative agencies would halt in its tracks. But something more interesting happened. Instead of stopping agency arbitration … has rolled back some Obama-era rules, but other efforts to undo agency arbitration regulations have faltered at the …

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 …