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Mcmahon Turns Twenty: The Regulation Of Fairness In Securities Arbitration, Jill I. Gross
Mcmahon Turns Twenty: The Regulation Of Fairness In Securities Arbitration, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
I believe that current regulation of securities arbitration does ensure that it is fair to investors. Part II of this Commentary explores the various sources of law, including the FAA, which could require fairness in securities arbitration. It revisits the first critical assumption of the McMahon Court, that the FAA's provisions for post-award judicial review protect investors from an unfair arbitration process. This Part demonstrates that, while the FAA does require “fundamental fairness” in arbitration, courts loosely construe that requirement and find most arbitration proceedings meet it easily. Part IIII of this Commentary explores SEC oversight of securities arbitration, particularly …
Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt
Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The role of mandatory rules in international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual disputes can implicate mandatory rules of law that are not waivable and are typically designed to protect broader public rights. The literature has often presented the issue in terms of conflict between the authority of the state and the party-derived authority of the arbitrator. Asserting an independent public duty to protect national mandatory laws as well as the enforceability of arbitral awards, some writers …