Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Dispute Resolution and Arbitration
The Uberization Of Arbitration Clauses, Jill I. Gross
The Uberization Of Arbitration Clauses, Jill I. Gross
Arbitration Law Review
No abstract provided.
Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel
Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel
Arbitration Law Review
No abstract provided.
Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Can Bar Arbitration, Daivy P. Dambreville
Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Can Bar Arbitration, Daivy P. Dambreville
Daivy P Dambreville
The U.S. Supreme Court has long adhered to a federal policy favoring arbitration, and has consistently resolved ambiguities within arbitration clauses in favor of arbitration. In applying this principle, courts are guided by the Federal Arbitration Act (FAA) which provides the federal substantive law of arbitrability. The Court has now consistently interpreted the FAA’s main purpose as to guarantee that arbitration agreements are enforced according to their terms. Yet, in regard to procedural matters of arbitrability there is a presumption that these matters should be decided by the court, unless otherwise stated in the arbitration agreement. But where parties devise …