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Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge
Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge
Scholarly Works
The future of commercial arbitration has become a centerpiece of the domestic congressional agenda. According to one estimate, ten different bills introduced in the 110th Congress would chip away at the enforceability of pre-dispute arbitration agreements. By far the most significant bill, the Arbitration Fairness Act, would retroactively invalidate arbitration agreements in all employment, consumer, securities and franchise contracts. An especially vague provision in a prior version of the bill would invalidate agreements involving claims under statutes intended to protect civil rights or designed to regulate transactions between parties of unequal bargaining power. Are these wise moves?
International Commercial Arbitration: Fifty Years After The New York Convention, Paul D. Carrington, Linda Silberman, Anne Marie Whitesell, Gabriel M. Wilner, George Bermann, Robert B. Davidson, William K. Slate Iii, Gary B. Born, Julian Davis Mortenson, Christopher M. Ryan, Maureen Weston, Brian White, C. Donald Johnson, Peter B. Rutledge
International Commercial Arbitration: Fifty Years After The New York Convention, Paul D. Carrington, Linda Silberman, Anne Marie Whitesell, Gabriel M. Wilner, George Bermann, Robert B. Davidson, William K. Slate Iii, Gary B. Born, Julian Davis Mortenson, Christopher M. Ryan, Maureen Weston, Brian White, C. Donald Johnson, Peter B. Rutledge
Conferences and Symposia to 2010
a one-day conference held at the Dean Rusk Center on January 30, 2009. The event, co-sponsored by the Georgia Journal of International and Comparative Law, featured Gary Born as keynote speaker and other leaders in the field of international commercial arbitration including Robert Davidson, Executive Director of JAMS Arbitration Practice; William K. Slate, II, President, American Arbitration Association; and Anne Marie Whitesell, Former Secretary General of the ICC International Court of Arbitration.
Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge
Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge
Scholarly Works
An exceptional feature of international arbitration is the extensive and meaningful dialogue that takes places between scholars and practitioners in the field. Unlike some other disciplines where the camps appear to talk past each other, international arbitration enjoys a rich relationship between the two. Practitioners have written some of the most important scholarly works in the field, while scholars have worked on some of the most important cases. In January 2009, the University of Georgia Law School and its Dean Rusk Center were pleased to bring together an elite group of scholars and practitioners for a day-long conference on the …
The Case Against The Arbitration Fairness Act, Peter B. Rutledge
The Case Against The Arbitration Fairness Act, Peter B. Rutledge
Scholarly Works
The Arbitration Fairness Act is a well-intended but ultimately misguided attempt to address a system of dispute resolution that has largely worked well. The bill currently being considered by Congress rests on a series of flawed empirical premises. This article addresses three. First, though the bill posits that arbitration leaves consumers and employees worse off, data demonstrate individuals overall are often better off under a system with enforceable predispute arbitration agreements than a system without them. Second, although the bill promises improved access to justice, the proposal actually erects more impediments. Third, though the bill suggests that postdispute arbitration will …