Whither Arbitration?

Peter B. Rutledge

University of Georgia Law School

April 15, 2011

Georgetown Journal of Law & Public Policy, Vol. 6, No. 2, 2008
UGA Legal Studies Research Paper No. 11-09

Over the past several decades, scholars and policymakers have debated the future of arbitration in the United States. Those debates have taken on new significance in the present Congress, which is considering a variety of reform proposals. Among the most widely watched are ones that would prohibit the enforcement of predispute arbitration clauses in employment, consumer and franchise contracts. Reviewing the available empirical literature, the paper explains how many of the assumptions driving the arbitration reform debate are unproven at best and flatly wrong at worst. It then tries to sketch out the economic impact of any move by Congress to limit arbitration in certain fields. The effect, I submit, would be to harm the very consumers and employees whom Congress is trying to protect. While arbitration certainly can be refined on the edges and more empirical research needs to be done, advocates for reform simply have not made their case.

Number of Pages in PDF File: 43

Keywords: Arbitration, Alternative Dispute Resolution, ADR, Contracts

JEL Classification: K30

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Date posted: April 18, 2011  

Suggested Citation

Rutledge, Peter B., Whither Arbitration? (April 15, 2011). Georgetown Journal of Law & Public Policy, Vol. 6, No. 2, 2008; UGA Legal Studies Research Paper No. 11-09. Available at SSRN: https://ssrn.com/abstract=1811137 or http://dx.doi.org/10.2139/ssrn.1811137

Contact Information

Peter B. Rutledge (Contact Author)
University of Georgia Law School ( email )
225 Herty Drive
Athens, GA 30602
United States

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