Many employees and consumers agree to arbitrate any dispute they may have with their employer or vendor. These agreements often result from "mandatory" arbitration clauses which simply means that the employee or consumer had no choice but to agree if she wanted to take the job or buy the product. Read More
Can California Protect Employees from Entering into Mandatory Pre-Dispute Arbitration Agreements and Avoid Federal Preemption?
Does the Federal Arbitration Act (FAA) preempt California’s most recent attempt to prevent employers from requiring employees to enter into mandatory pre-dispute arbitration agreements? Read More
The benefits of commercial arbitration are generally known and widely accepted. Arbitration disputes on average are concluded far more quickly and efficiently than court litigation. Read More
At one time, many courts were hostile to arbitration. Arbitrators didn’t need to be lawyers, and they often didn’t approach things the way a court would. To those used to the way courts decide disputes, arbitrators’ way of deciding disputes could seem, well, arbitrary. Read More
An advantage of commercial arbitration is that it is private. The dispute is resolved in a private proceeding. Unlike court, the public is not allowed in. But that doesn’t mean arbitration proceedings will remain secret. Read More
The ability to select and appear before arbitrators with factual subject-matter expertise is often proclaimed as a great advantage of arbitration over litigation. However, expert/arbitrators can also present perils to natural justice and to arbitral award enforcement. Read More
From International Dispute Resolution to Investment Arbitration, the Latest College of Commercial Arbitrators Inductees Among the ‘Most Diverse Yet’
The 12 New Fellows Considered Experts in the Industry; Span from Singapore to New York AUSTIN, TX – The College of Commercial Arbitrators (CCA), a professional, collegial organization established in 2001, celebrates and advocates excellence… Read More
Intended primarily for disputants and their advocates, this article responds to commentators who have challenged, unfairly in the authors' view, the fundamental proposition that commercial arbitration is a viable, and often preferable, alternative to litigation. Read More
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