In today\u27s global economy, it is not uncommon for parties from different locations to contract together both in commerce and in employment. Especially in the context of employers, one party will often want any and all disputes it has with its employees to be resolved via arbitration in a certain forum. To accomplish this, employers often include a forum selection clause in the arbitration agreement with the future employee. Thus, if and how courts address forum selection clauses is of paramount importance to employers. In Sterling Financial Investment Group, Inc. v. Hammer, the 11 th Circuit Court of Appeals were faced with the issue of whether to interpret and enforce a forum selection clause in an arbitration agreement between an emplo...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
With the constant increase of employment litigation2 among individuals, unions and companies, the us...
People thinking about contractual arbitration clauses usually envision the resulting disputes as con...
In today\u27s global economy, it is not uncommon for parties from different locations to contract to...
The inclusion of forum-selection\u27 and arbitration clauses has become standard in commercial contr...
article published in law reviewAccording to the dispute resolution literature, one advantage of arbi...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
In a country that protects the plaintiff\u27s right to a day in court, it only seems natural that Sa...
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells j...
Informed parties bargaining for their mutual advantage will tend to agree to provisions that maximiz...
More than one thoughtful international business manager has been haunted by the fear that foreign ju...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This article examines some of the cases in which courts have enforced arbitration clauses in persona...
This article helps build the empirical foundation necessary for an informed debate regarding arbitra...
The Supreme Court’s interpretation of the Federal Arbitration Act is universally touted as favoring ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
With the constant increase of employment litigation2 among individuals, unions and companies, the us...
People thinking about contractual arbitration clauses usually envision the resulting disputes as con...
In today\u27s global economy, it is not uncommon for parties from different locations to contract to...
The inclusion of forum-selection\u27 and arbitration clauses has become standard in commercial contr...
article published in law reviewAccording to the dispute resolution literature, one advantage of arbi...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
In a country that protects the plaintiff\u27s right to a day in court, it only seems natural that Sa...
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells j...
Informed parties bargaining for their mutual advantage will tend to agree to provisions that maximiz...
More than one thoughtful international business manager has been haunted by the fear that foreign ju...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This article examines some of the cases in which courts have enforced arbitration clauses in persona...
This article helps build the empirical foundation necessary for an informed debate regarding arbitra...
The Supreme Court’s interpretation of the Federal Arbitration Act is universally touted as favoring ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
With the constant increase of employment litigation2 among individuals, unions and companies, the us...
People thinking about contractual arbitration clauses usually envision the resulting disputes as con...