Contract Theory and the Sources of Rights: An Approach to the Arbitrability Question
University of Toronto - Faculty of Law
Southern California Law Review, Vol. 60, p. 1059, 1986-1987
This paper presents a theory of contract law that attempts to accomodate the arbitrability question addressed by the Supreme Court in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. That case held that actions under antitrust legislation are inherently amenable to private arbitration despite the fact that the arbitrator will be called upon to adjudicate public law remedies. The essay describes how the law often confuses interpersonal rights with state-created rights.
Number of Pages in PDF File: 25
Keywords: contract, theory, arbitration, damages, jurisprudenceAccepted Paper Series
Date posted: October 11, 2009 ; Last revised: October 28, 2009
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