Download or read book Arbitration and Federal Reform written by Larry J. Pittman and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act ("FAA") as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts' caseloads, co-opted the FAA by disregarding Congress's intent that the FAA be applicable only in federal courts. And in furtherance of its own Court-created ''federal policy in favor of arbitration," the Court created precedents that limit state regulation of arbitration agreements, including that states cannot exempt disputes from forced or mandatory arbitration agreements or otherwise regulate the enforcement of arbitration agreements in a manner that is inconsistent with the FAA. The Court's precedents have left a regulatory gap where states cannot prevent some of the dangers that arbitration poses to litigants in many areas of the law, including in consumer and employment contracts. Recently, however, Congress has reentered the arbitration field to reassert its authority over arbitration. In 2022, it enacted the Ending Forced Arbitration of Sexual Abuse and Sexual Harassment Act to exclude these types of claims from forced or mandatory arbitration. This Article asserts that Congress, having reentered the field, should continue its reforms of the FAA to recalibrate the balance of power between the Court and Congress. This would include Congress clearly stating whether Section 2 of the FAA should be applicable only in federal courts; should not be applicable to adhesion arbitration agreements; and should not be applicable to federal statutory claims, as well as whether the lack of diversity in arbitrators should be one of the justifications for not enforcing predispute arbitration agreements. This Articles discusses these topics and offers suggestions on how Congress should resolve these issues.
Download or read book The Federal Arbitration ACT written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Arbitration Law written by Ian R. Macneil and published by Oxford University Press. This book was released on 1992-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an overburdened and cumbersome system of court litigation, arbitration is becoming an increasingly attractive means of settling disputes. Government enforcement of arbitration agreements and awards is, however, rife with tensions. Among them are tensions between freedom of contract and the need to protect the weak or ill-informed, between the protections of judicial process and the efficiency and responsiveness of more informal justice, between the federal government and the states. Macneil examines the history of the American arbitration law that deals with these and other tensions. He analyzes the personalities and forces that animated the passing of the United States Arbitration Act of 1925, and its later revolutionizing by the Supreme Court. Macneil also discusses how distorted perceptions of arbitration history in turn distort current law.
Download or read book Arbitration Or Arbitrary written by United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy and published by . This book was released on 2011 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitration Reform written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications and Finance and published by . This book was released on 1989 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitration Law in America written by Edward Brunet and published by Cambridge University Press. This book was released on 2006-01-09 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.
Download or read book Federal Sector Arbitration written by Terry Elton Thomason and published by . This book was released on 1988 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Status of Federal sector Arbitration written by Frank Elkouri and published by . This book was released on 1980 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Privatizing Justice written by Sarah Staszak and published by Oxford University Press. This book was released on 2024 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the use of arbitration in the private sector has grown dramatically in recent decades, arbitration itself is not new. Yet the practice today looks very different than it did at its origins. How did arbitration shift from providing a low cost, less adversarial, and more efficient way of handling disputes between relative equals to a private, non-reviewable, and compulsory forum for resolving disputes between individuals and corporations that almost always favors the latter? Privatizing Justice examines the broader institutional, political, and legal dynamics that shaped this century-long transformation and explains why the system that emerged has shifted power to corporations, exacerbated inequality, and eroded democracy.
Download or read book Federal Tort Reform Legislation written by Henry Cohen and published by . This book was released on 2001 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of the Federal Labor Relations Authority on Labor Arbitration in the Federal Sector written by Renate-Miranda Martha Schuessler-Laux and published by . This book was released on 1985 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulating Mandatory Arbitration written by Thomas V. Burch and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last twenty-five years, the Supreme Court has relied on party autonomy and the national policy favoring arbitration to expand the Federal Arbitration Act's scope beyond Congress's original intent. Choosing these loaded premises has allowed the Court to reach the outcomes it desires while denying that it is making any political or moral judgments in its decisions - a type of bureaucratic formalism. One controversial outcome of the Court's formalism, overall, has been the increased prevalence of mandatory arbitration. Although it reduces judicial caseloads and lowers companies' dispute-resolution costs, it also restricts or eliminates individual rights and reduces public regulation of the companies that require it. The Court has supported the spread of mandatory arbitration despite these negative effects. Because of the Court's support, the parties being subjected to mandatory arbitration began asking lower courts for relief through the unconscionability doctrine in the early 1990s. And because the unconscionability doctrine could not provide the wide-scale relief they wanted, they also turned to Congress, convincing its members to introduce 139 anti-arbitration bills since 1995 - the majority of which proposed eliminating mandatory arbitration. A review of these efforts, including an original survey of these bills, reveals that these parties have been disregarding mandatory arbitration's public benefits in favor of a rights-oriented, liberal approach that rejects regulation as a possible way to improve mandatory arbitration's overall fairness. This Article shows that both the Supreme Court's and the reform advocates' approaches to mandatory arbitration are flawed. It makes more sense, at least for now, to continue mandatory arbitration's use while improving its overall fairness through legislative or agency regulation. Regulating mandatory arbitration with the goal of improving its fairness is consistent with pragmatic principles and is superior to the Supreme Court's formalism and the reform advocates' liberalism in the current mandatory-arbitration context. Taking this approach will allow us to study mandatory arbitration over time before deciding whether to eliminate it - a fair way to proceed given the importance of the rights at stake and the positive effects that mandatory arbitration can (possibly) have on the public good.
Download or read book A Survey of Negotiated Grievance Procedures and Arbitration in Federal Post Civil Service Reform Act Agreements written by and published by . This book was released on 1980 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Political Economy of Commercial Arbitration written by Eric George and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is not just about economic and business efficiency, as its advocates argue, reducing the costs and delays associated with litigation. As I shall illustrate in this thesis, corporations have used arbitration reform as a means of restructuring the regulatory state in ways that suit their interests. Drawing on the legislative history of the Federal Arbitration Act, as well as on documents detailing the rise of the corporate arbitration lobby, I show how corporations have used arbitration reform as a means of enacting conservative political change by non-political means. This corporate legal mobilization is animated by a libertarian conception of private law in which government plays a minimal role in the oversight of business disputes. The dissertation traces the development of this corporate arbitration movement and shows how it is actively reshaping arbitration law to protect the freedom of enterprise from outward challenge or encroachment, with important implications for the states ability to monitor and govern corporate behavior.
Download or read book Arbitration About Arbitration written by David Horton and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In March 2021, 82-year-old Cecile Wade, who suffered from dementia, was paralyzed by a stroke and admitted to the Evangelical Lutheran Good Samaritan Society Hospital in Florida. According to Cecile's husband, Glennon, she could neither sign anything nor “comprehend what she would be signing anyway.” Yet during Cecile's stay, someone scrawled her name in the signature block of the hospital's admissions contract and checked a box next to the words: “YES I DO wish to arbitrate disputes.” Later, Cecile and Glennon filed a lawsuit against the hospital, alleging that it had illegally detained her for five days. Cecile and Glennon also contended that the arbitration clause in the admissions contract was invalid because the signature has been forged and Cecile was mentally incapacitated. However, the trial court held that it lacked jurisdiction to consider this argument. The judge noted that the admissions contract did not just mandate that patients arbitrate the merits of their lawsuits. Instead, it included a “delegation clause,” which, as paradoxical as it sounds, allowed the arbitrator to decide if a party's claims are even “subject to arbitration.” Thus, the court ordered Cecile and Glennon to arbitrate the very issue of whether Cecile had agreed to arbitrate the complaint. This invited contribution to The Federal Arbitration Act: Successes, Failures, and a Roadmap for Reform (Cambridge Univ. Press forthcoming 2024) explores the phenomenon of arbitration about arbitration. It shows that the fountainhead of this movement is the U.S. Supreme Court's 2010 decision in Rent-A-Center West, Inc. v. Jackson. This quiet blockbuster held that delegation clauses are their own sovereign arbitration agreements: (1) freestanding contracts to arbitrate disputes about arbitration (2) within contracts to arbitrate substantive claims (3) within the so-called “container contract.” This chapter critiques this approach and proposes a reform. Instead of throwing a Hail Mary, such as urging Congress to intervene or the Court to reconsider Rent-A-Center, it reveals how judges can nudge one important and unsettled issue in the right direction.
Download or read book Federal Arbitration Act Preemption of State Public Policy Based Employment Arbitration Doctrine written by E. Gary Spitko and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the negative impact that the U.S. Supreme Court's recent jurisprudence interpreting the Federal Arbitration Act (“FAA”) will have on the ability of states to promote the public interests that ground state employment regulation and argues for a reordering of the relationship between federal arbitration law and state public-policy-based employment arbitration doctrine. The article proceeds in three steps. First, the article demonstrates that the U.S. Supreme Court's 2011 decision in AT&T Mobility LLC v. Concepcion and 2013 decision in American Express Co. v. Italian Colors Restaurant together extinguish the state effective-vindication and public policy exceptions to FAA application. In doing so, this case law preempts a significant amount of state employment arbitration regulation and, thus, enables employers to use employment arbitration agreements imposed on employees as a condition of employment as a means to evade the strictures of state employment regulation. Second, the article argues that, as a normative matter, the FAA should allow for consideration of the public interest in determining whether an employment arbitration agreement will be enforceable. Thus, in practice, the FAA should allow for consideration of the need for a worker to effectively vindicate her state statutory employment rights and for consideration of her ability to do so in arbitration. Finally, the article suggests a way forward. Specifically, the article proposes that Congress limit the FAA's preemptive scope by carving out an exception to section 2 of the FAA that would allow states to regulate predispute employment arbitration agreements subject to the approval of the U.S. Department of Labor or a similar body. Pursuant to this reform, a state would be authorized to propose employment arbitration regulations tailored to the specifics of that state's employment statutes. A federal overseer with expertise in employment law would be charged, however, with evaluating any such proposed employment arbitration regulation by balancing the federal interest in promoting arbitration agreements as written with the state interest in vindicating state statutory employment rights.
Download or read book Mandatory Arbitration and Fairness written by David S. Schwartz and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, it was understood that mandatory arbitration was a "do-it-yourself tort reform": corporate defendants could reduce their liability in consumer and employment disputes through an adhesion contract clause requiring pre-dispute arbitration. But now that there is a significant possibility that Congress will amend the Federal Arbitration Act to make pre-dispute arbitration clauses unenforceable, critics have been stymied by the re-emergence of an argument that mandatory arbitration is a "fairer" than litigation. Mandatory arbitration supporters argue that (1) critics have failed to make an empirical case against mandatory arbitration, because existing studies seem to show that plaintiffs do at least as well in arbitration as in court; and (2) mandatory arbitration is a more egalitarian forum than litigation because it is more accessible to smaller claims and claimants. This argument for mandatory arbitration "fairness" has effectively tabled the discussion of whether tort reform through mandatory arbitration is justified, and whether an adhesion contract, rather than legislation, should be the vehicle for creating a "fair" dispute resolution system. This article argues there is no "fairness" justification for imposing a dispute resolution system through adhesion contracts. The economic incentives of the mandatory arbitration system only work by reducing the prospects of plaintiffs with high-cost/high-stakes cases. And while shifting the empirical "burden of proof" onto critics is clever rhetorical strategy, in fact it is the egalitarian argument for mandatory arbitration that is empirically unfounded as well as illogical.
