Strengthening Arbitration by Facing its Challenges

40 Pages Posted: 1 Dec 2011

See all articles by Joseph L. Daly

Joseph L. Daly

Hamline University

Suzanne Scheller

affiliation not provided to SSRN

Date Written: January 1, 2009

Abstract

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.

Keywords: Arbitration, contract, alternative dispute resolution, ADR, arbitration agreement, unconscionability, common law rights

Suggested Citation

Daly, Joseph L. and Scheller, Suzanne, Strengthening Arbitration by Facing its Challenges (January 1, 2009). Quinnipiac Law Review, Vol. 28, p. 67, 2009, Available at SSRN: https://ssrn.com/abstract=1947449

Joseph L. Daly (Contact Author)

Hamline University ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
651 523 2121 (Phone)
651 523 2236 (Fax)

HOME PAGE: http://www.hamline.edu/personal/jdaly

Suzanne Scheller

affiliation not provided to SSRN ( email )

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