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Full-Text Articles in Comparative and Foreign Law
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
UIC Law Open Access Faculty Scholarship
This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue from a historical and comparative perspective. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. As a matter of timing, the U.S. approach is becoming more similar to that of France. Such an approach, especially in the commercial sphere, has the potential to be relatively efficient and consistent. But in the context of mandatory …
Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross
Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross
UIC Law Open Access Faculty Scholarship
No abstract provided.