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American University Washington College of Law

2020

Arbitration

Articles 1 - 3 of 3

Full-Text Articles in Law

State Attribution: Whether State Ownership Of A Private Entity Is Important In Determining If The Actions Of That Entity Are Attributable To The State, Alejandro Solano Meardi Jan 2020

State Attribution: Whether State Ownership Of A Private Entity Is Important In Determining If The Actions Of That Entity Are Attributable To The State, Alejandro Solano Meardi

Arbitration Brief

No abstract provided.


Are Pre-Dispute Agreements To Arbitration Online Enforceable?, Caleb Gerbitz Jan 2020

Are Pre-Dispute Agreements To Arbitration Online Enforceable?, Caleb Gerbitz

Arbitration Brief

Arbitration is a favored adjudicatory mechanism because it is efficient, effective, and informal compared to judicial litigation. Scholar Thomas Carbonneau has noted that arbitration is “America’s optimal trial procedure.” The ubiquity of pre-dispute agreements to arbitrate in consumer contracts makes arbitration the dominant method to resolve such disputes. Yet, despite its hallmarks of accessibility and informality, arbitration’s reliance on face-to- face proceedings limits its benefits. Online dispute resolution (ODR) has grown in popularity among e-commerce retailers over the last two decades—and more recently within court systems.5 However, ODR’s rise has not meaningfully affected how pre-dispute agreements to arbitrate are drafted …


Letter From The Editor, Elena Z. Ritchie Jan 2020

Letter From The Editor, Elena Z. Ritchie

Arbitration Brief

No abstract provided.