Private Law Theory

Farshad Ghodoosi and Monica M Sharif, ‘Arbitration Effect’ (January 26, 2022), available at SSRN. Arbitration is a hotly debated topic which has garnered significant scholarly attention from both opponents and proponents. Nevertheless, arbitration clauses are prevalent in employment and consumer agreements. Furthermore, the US Supreme Court, has generally enforced these clauses through a series of pro-arbitration decisions. But what do we know about the impact of arbitration clauses on employees’ or consumers’ right to sue? A fascinating new article, ‘Arbitration Effect’, by Farshad Ghodoosi and Monica M Sharif sheds light on this question. … (more)

[Orit Gan, JOTWELL, 20 July]

First posted 2022-07-21 08:30:23