Arbitration Now explores the practical problems of making the new world of arbitration work effectively in a variety of settings, including employment, securities and cyberspace. The book examines how to maintain fairness to all and avoid the kind of over-regulation that will strip the process of the aspects that so attractively set it apart from litigation. Now, more than ever before, arbitration can be fast, definitive, confidential, efficient and cost effective. Now, too, can arbitration be criticized for the growing use of non-negotiated binding arbitration agreements and the expansion of the use of arbitration into previously unarbitrable realms of law. Now, also, while the Uniform Arbitration Act and the Code of Ethics for Arbitrators in Commercial Disputes are being revisited, now that the Due Process Protocol has been adopted by the ABA and the AAA, and now as the CPR Institute for Dispute Resolution's Arbitration Commission is issuing its report on arbitration, Arbitration Now is a very timely book.
Arbitration Now is a fascinating composite of views on the development of arbitration.
The diverse authors of this book, spanning both theoretical and practical perspectives, offer useful background on arbitration law, perceptive predictions for the future of the arbitral process, and constructive criticism on several facets of arbitration. This is a handy guide for both practitioners and academics who want to understand the current state of arbitration and to capture a glimpse of arbitration's future. As courts and administrative agencies become swamped, arbitration may provide the only access to claimants without the deep pockets required by the governmental procedures. This volume opens the door to those contemplating the use of arbitration, with due process protections, in a widening array of societal conflicts to the point where it may indeed bring much more justice to many more citizens. The book reveals the depth and breath of developments in arbitration and enables the reader to become conversant with these essential issues.