Abstract
In the past fifteen years, the Supreme Court has aggressively reinterpreted the Federal Arbitration Act, extending the potential reach of agreements to arbitrate and preventing the states from effectively regulating such agreements. This reinterpretation has created powerful incentives for parties with market power to mandate arbitration procedures that are one-sided and oppressive. This Article explores ways of changing the incentives to encourage appropriate and fair arbitral proceedings without unnecessarily limiting contractual freedom.
How to Cite
40 Ariz. L. Rev. 1039 (1998)
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