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The Supreme Court and the Future of Arbitration

ADR Prof Blog by Andrea Schneider, Michael Moffitt, Sarah Cole,Art Hinshaw, Jill Gross and Cynthia Alkon.

At the 2012 AALS meetings Ron Aronovsky (Southwestern) organized the ADR Section’s program entitled The Supreme Court and the Future of Arbitration. Here’s a short blurb describing the program.

Over the past twenty five years, the range of disputes subject to binding arbitration – particularly as a result of pre-dispute arbitration agreements — has grown dramatically. The U.S. Supreme Court has issued a series of arbitration law decisions on such topics as the availability of class arbitration, the preemptive effect of the Federal Arbitration Act (FAA), the scope of judicial review of arbitral awards under the FAA, the enforceability of mandatory pre-dispute arbitration agreements, and the arbitrability of public law claims. These often controversial decisions have had an enormous impact on business, consumers and the workplace and have transformed much of the U.S. economy’s dispute resolution landscape. This program will explore the future of arbitration in light of these Supreme Court cases

This was a fantastic panel, and the papers resulting from this program have now been published in the Southwestern Law Review. The papers are available online here, and the lineup is below.

AT&T Mobility and the Future of Small Claims Arbitration
Jill I. Gross

Mandatory Binding Arbitration Clauses Prevent Consumers from Presenting Procedurally Difficult Claims
Jean R. Sternlight

The Supreme Court and the Future of Arbitration: Towards a Preemptive Federal Arbitration Procedural Paradigm?
Ronald G. Aronovsky

Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards
Nancy A. Welsh

                        author

Art Hinshaw

Art Hinshaw’s research and teaching interests lie in the field of alternative dispute resolution (ADR), primarily mediation and negotiation. His research bridges ADR theory and practice, and his teaching responsibilities include the Lodestar Mediation Clinic and Negotiation among other ADR courses. Professor Hinshaw is active in the ADR community having… MORE >

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