Strengthening Arbitration by Facing its Challenges
Joseph L. Daly
affiliation not provided to SSRN
January 1, 2009
Quinnipiac Law Review, Vol. 28, p. 67, 2009
The purpose of arbitration is to provide quick, efficient, and inexpensive resolution of disputes. Research shows the purpose is often achieved, but nothing is perfect. Litigation surrounding arbitration has continued. From 2005-2007, more than five hundred new judicial opinions on mandatory arbitration provisions have been published. Such challenges reduce the time, cost, and efficiency savings expected in arbitration. This article argues that the challenges will not disappear by ignoring them. In order for arbitration to maintain its vitality, the problems with arbitration must be addressed. It is possible to make arbitration better by looking at its strengths and weaknesses. The key idea behind this article is to strengthen arbitration by discussing, not solving, its challenges.
Number of Pages in PDF File: 40
Keywords: Arbitration, contract, alternative dispute resolution, ADR, arbitration agreement, unconscionability, common law rightsAccepted Paper Series
Date posted: December 1, 2011
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