Arbitration with Government

39 Pages Posted: 18 Mar 2021 Last revised: 1 Jul 2021

See all articles by Jack I. Garvey

Jack I. Garvey

University of San Francisco - School of Law

Date Written: December 31, 2020

Abstract

Arbitration is today increasingly dominant in the affairs of government. As a principal means of alternative dispute resolution, the utility of arbitration has brought it far beyond the confines of private law. The expanding role of arbitration is now broadly evident in agreements with governments and governmental entities at state and federal levels, and in international agreements involving governments.

The question this poses for the lawyer working for government, or private parties contractually bound to arbitrate with government, is whether the adoption of arbitration for disputes involving government constitutes a fundamental shift of dynamics requiring a strategic shift in perspective and approach. What is the significance of the transformation of arbitration from the regime of private law party choice, to law purposed to serve public policy? This article examines that question.

Keywords: Arbitration, Governmental Dispute Resolution

Suggested Citation

Garvey, Jack I., Arbitration with Government (December 31, 2020). Pepperdine Dispute Resolution Law Journal, Forthcoming, Univ. of San Francisco Law Research Paper No. 2021-03, Available at SSRN: https://ssrn.com/abstract=3805987 or http://dx.doi.org/10.2139/ssrn.3805987

Jack I. Garvey (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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