Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Aug 2010

Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisionmaking, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisionmaking, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...


Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur Apr 2010

Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur

John B McArthur

Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned ...