Mandatory arbitration is facing a backlash in the United States of America. Recently proposed legislations are geared to severely restrict the scope of mandatory arbitration in consumer disputes. This Article proposes the creation of a new hybrid ombudsman scheme on the lines of the Financial Ombudsman Service found in the UK for resolving consumer disputes in the US. The multi-tier alternative dispute resolution system integrating mediation, recommended settlements and adjudications adopted by the FOS internally and the unique position it enjoys in relation to various actors such as the regulators, courts, industry and consumers within the dispute resolution framework enables it to not only act as a grievance addressal point but also as an...
Providing an extensive historical overview of federal arbitration jurisprudence and the Federal Arbi...
Over the last twenty-five years, the Supreme Court has relied on party autonomy and the national pol...
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer co...
Mandatory arbitration is facing a backlash in the United States of America. Recently proposed legisl...
The benefits of arbitration as a form of alternative dispute resolution in business to business disp...
Arbitration has been demonized in the media and consumer protection debates, often without empirical...
Full-text available at SSRN. See link in this record.The article reexamines the most common academic...
Until recently, it was understood that mandatory arbitration was “do-it-yourself tort reform”: corpo...
This article proposes legislative procedural reforms accounting for the realities of consumer arbitr...
Businesses are accused of using arbitration as a private dispute resolution system that shields thei...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
This article argues that mandatory arbitration is not itself the problem. The problem is instead tha...
Arbitration, as a form of alternative dispute resolution, is a favored method of settling legal disp...
Having spent much of her academic life battling companies\u27 mandatory imposition of binding arbitr...
The proposed Arbitration Fairness Act (AFA) would prohibit all pre-dispute agreements to arbitrate i...
Providing an extensive historical overview of federal arbitration jurisprudence and the Federal Arbi...
Over the last twenty-five years, the Supreme Court has relied on party autonomy and the national pol...
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer co...
Mandatory arbitration is facing a backlash in the United States of America. Recently proposed legisl...
The benefits of arbitration as a form of alternative dispute resolution in business to business disp...
Arbitration has been demonized in the media and consumer protection debates, often without empirical...
Full-text available at SSRN. See link in this record.The article reexamines the most common academic...
Until recently, it was understood that mandatory arbitration was “do-it-yourself tort reform”: corpo...
This article proposes legislative procedural reforms accounting for the realities of consumer arbitr...
Businesses are accused of using arbitration as a private dispute resolution system that shields thei...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
This article argues that mandatory arbitration is not itself the problem. The problem is instead tha...
Arbitration, as a form of alternative dispute resolution, is a favored method of settling legal disp...
Having spent much of her academic life battling companies\u27 mandatory imposition of binding arbitr...
The proposed Arbitration Fairness Act (AFA) would prohibit all pre-dispute agreements to arbitrate i...
Providing an extensive historical overview of federal arbitration jurisprudence and the Federal Arbi...
Over the last twenty-five years, the Supreme Court has relied on party autonomy and the national pol...
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer co...