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Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Pepperdine Dispute Resolution Law Journal
As more employers include mandatory arbitration provisions in their employment contracts, policy-makers are becoming concerned that employees are being forced to trade their civil and statutory rights for their jobs. The California Legislature is considering legislation designed to combat this tendency and to provide legal protection for employees who might otherwise be forced to waive the right for redress of grievances, legal protections against discrimination, and other rights. Although the legislation was designed to protect the constitutional rights of employees, there are legal considerations and policy concerns that challenge the viability of this type of legislation. The primary question is …
Why The States Should Enact The Revised Uniform Arbitration Act, Francis J. Pavetti
Why The States Should Enact The Revised Uniform Arbitration Act, Francis J. Pavetti
Pepperdine Dispute Resolution Law Journal
This article responds to concerns raised regarding the Revised Uniform Arbitration Act (RUAA), noting that such concerns appear to be based on misplaced assumptions and misconceptions.
The 2000 Revision To The Uniform Arbitration Act: A Harbinger?, Timothy J. Heinsz
The 2000 Revision To The Uniform Arbitration Act: A Harbinger?, Timothy J. Heinsz
Pepperdine Dispute Resolution Law Journal
On August 3, 2000, the National Conference of Commissioners on Uniform State Laws (NCCUSL) unanimously passed major revisions to the Uniform Arbitration Act (UAA). These revisions are the first substantive changes in 55 years to the UAA, which in some form is the basis of arbitration law in 49 jurisdictions. The federal counterpart to the UAA, the Federal Arbitration Act (FAA), has not been amended in any substantial fashion for nearly 75 years. Between Congress's passage of the FAA in 1925 and NCCUSL's approval of the UAA in 1955 and the NCCUSL's approval of the Revised Uniform Arbitration Act (RUAA) …