A recently posted paper, reporting on the results of an empirical study, reveals unsettling facts about consumer understanding of arbitration contracts. Titled "Whimsey Little Contracts" With Unexpected Consequences: An Empirical Analysis of Consumer Understanding of Arbitration Agreements, the paper explores the extent to which consumers are aware of, and understand...
Following up on a prior post, two recent cases have tested the enforceability of "agreements" that one party unilaterally propounded and the other party had no idea existed. Though the Ninth Circuit found both to be non-binding, the logic in both cases implies that knowing consent -- an element of...
The College of Commercial Arbitrators is perhaps the definitive authoritative body for best practices in commercial arbitration from the perspective of practitioner arbitrators. Its promulgated standards are widely respected and its leaders are leaders of leaders. It is therefore with great satisfaction that I note that the CCA has selected its...