Arbitration

All Alone in Arbitration

David Horton

Abstract Response to Hila Keren, Divided and Conquered: The Neoliberal Roots and Emotional Consequences of the Arbitration Revolution To put it mildly, the relationship between the Federal Arbitration Act (FAA)and class actions is controversial. Since 2010, the U.S. Supreme Court has decided a rash of cases that make it impossible for the millions of consumers […]

Divided and Conquered: The Neoliberal Roots and Emotional Consequences of the Arbitration Revolution

Hila Keren

Abstract The “arbitration revolution” has diminished access to justice formillions of people, allowing American corporations to secure significantinsulation from collective challenges in both judicial and arbitral forums.Although currently identified damages are immense, some scholars haverecently described proposals to undo the revolution as wishful thinkingin the current political climate. This Article acknowledges the politicaldifficulty but seeks […]

Andrew Daechsel,Fake Arbitration: Why Florida's Nonbinding Arbitration Procedure Is Not Arbitration Within the Scope of the Federal Arbitration Act

Does the Federal Arbitration Act (FAA) govern Florida’s nonbinding arbitration procedure? At present, this question is unresolved. As its name suggests, the FAA generally governs arbitration agreements. But the FAA does not define “arbitration,” and the U.S. Courts of Appeals have different standards for what constitutes arbitration under the FAA. This Note discusses those different […]

Kristen M. Blankley, Impact Preemption: A New Theory of Federal Arbitration Act Preemption

The United States Supreme Court has expanded its arbitration preemption jurisprudence to unprecedented and unexplained bounds, ultimately creating a new type of preemption, herein coined “impact preemption.” As applied by the Court, the scope of impact preemption is broader than even field preemption. The future policy implications of impact preemption are significant. Impact preemption shifts […]

Christopher R. Drahozal & Erin O'Hara O'Connor, Unbundling Procedure: Carve-Outs From Arbitration Clauses

A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing […]