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Dispute Resolution and Arbitration

Pace University

Pace Law Review

Dispute resolution

Publication Year

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Full-Text Articles in Law

Private Resolution Of Public Disputes: Employment, Arbitration, And The Statutory Cause Of Action, Griffin Toronjo Pivateau Jun 2012

Private Resolution Of Public Disputes: Employment, Arbitration, And The Statutory Cause Of Action, Griffin Toronjo Pivateau

Pace Law Review

In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/contract continuum. My understanding of the nature of arbitration agreements relies on a previously existing area of employment law. There is a particular aspect of the employment relationship that, while open to contract, remains subject to constraints imposed by the law. A noncompete agreement permits an employee to contract with his employer to not work for a competitor following the termination of the employment relationship. This right to contract away the right to compete is, however, narrowly construed by the court system. A court may …


The End Of Mandatory Securities Arbitration?, Jill I. Gross Nov 2010

The End Of Mandatory Securities Arbitration?, Jill I. Gross

Pace Law Review

No abstract provided.