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Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms


Amy Schmitz


University of Colorado Law School

June 16, 2010

Harvard Negotiation Law Review, Vol. 15, No. 115, 2010
U of Colorado Law Legal Studies Research Paper No. 10-19

Abstract:     
Consumer advocates and policymakers call for abolition of predispute arbitration clauses in consumer contracts, while proponents of arbitration claim such abolition would increase companies’ dispute resolution costs, leading to higher prices and interest rates. Policymakers on both sides of the debate, however, rarely consider the empirical research necessary for crafting informed arbitration disclosure rules. This article therefore focuses on how varied research, including my own empirical studies, may inform policies regarding arbitration disclosure regulations. The article also offers suggestions for regulations tailored to have the most impact for the cost in light of this research.

Number of Pages in PDF File: 81

Keywords: arbitration, contracts, consumer rights, consumer law, dispute resolution

JEL Classification: K12, K41, K30, K10

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Date posted: June 16, 2010  

Suggested Citation

Schmitz, Amy, Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms (June 16, 2010). Harvard Negotiation Law Review, Vol. 15, No. 115, 2010; U of Colorado Law Legal Studies Research Paper No. 10-19. Available at SSRN: http://ssrn.com/abstract=1625928

Contact Information

Amy Schmitz (Contact Author)
University of Colorado Law School ( email )
401 UCB
Boulder, CO 80309
United States

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