In this article, the New York Times found that arbitration rules tend to favor businesses, and judges and juries have been replaced by arbitrators who commonly consider the companies to be their clients. According to the authors, this has created an alternative justice system with conflicts of interest.
1. What types of claims are arbitrated?
2. What event propelled arbitration clauses in contracts?
3. What rules of evidence apply in arbitration?
4. According to the article, why don’t more people opt out of arbitration?
Silver-Greenberg, J. and M. Corkery. (2015) In Arbitration, a ‘Privatization of the Justice System.’ The New York Times, Nov. 1 (Retrievable online at http://www.nytimes.com/2015/11/02/business/dealbook/in-arbitration-a-privatization-of-the-justice-system.html)