Sunday, September 5, 2010

Arbitration as Delegation

David Horton, Loyola Law School Los Angeles

Abstract: Hundreds of millions of consumer and employment contracts include mandatory arbitration clauses, class arbitration waivers, and other terms that modify the rules of litigation. These provisions ride the wake of the Supreme Court’s expansive interpretation of the Federal Arbitration Act (“FAA”). For decades, scholars have criticized the Court’s arbitration jurisprudence for distorting Congress’s wishes and ignoring the fact that companies use fine print dispute resolution provisions as a clandestine way to eliminate substantive rights.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1665565

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