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According to the New York Times, as companies face a flood of claims, they are employing new strategies to thwart the very process that they have upheld as the optimal way to resolve disputes.


  1. Why are some companies trying to short-circuit the process?
  2. How are some companies trying to short-circuit arbitrations?
  3. What is FairShake and what is their role and impact on arbitrations?
  4. What was the most interesting thing that you learned in the article?


Corkery, M. and J. Silver-Greenberg. (2020). ‘Scared to Death’ by Arbitration: Companies Drowning in Their Own System. New York Times, April 6 (Retrievable online at