Cultural Determinants of Workplace Arbitration in the U.S. and Italy

49 Pages Posted: 5 Sep 2014

See all articles by Maurizio Del Conte

Maurizio Del Conte

Bocconi University - Department of Law

Ann C. Hodges

University of Richmond - School of Law

Date Written: August 1, 2014

Abstract

Although Italy and the United States are both advanced industrial economies, the law and practice of workplace arbitration differs significantly in the two countries. This article explores those variations and analyzes the reasons that arbitration has evolved dissimilarly. The article concludes that historical and cultural differences in legal systems and labor and employment relations are explanatory forces. While the U.S. could provide a more balanced system of arbitration by learning from the Italian system’s greater protection of workers, given the current reality neither system seems likely to undergo significant change in the near future.

Suggested Citation

Del Conte, Maurizio and Hodges, Ann C., Cultural Determinants of Workplace Arbitration in the U.S. and Italy (August 1, 2014). Tulane Journal of International & Comparative Law, Vol. 23, 2014; Bocconi Legal Studies Research Paper No. 2491310. Available at SSRN: https://ssrn.com/abstract=2491310

Maurizio Del Conte

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, 20136
Italy

Ann C. Hodges (Contact Author)

University of Richmond - School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States
804-289-8909 (Phone)
804-287-6558 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
48
Abstract Views
389
PlumX Metrics