Commercial Arbitration; Cases and Materials

This new edition addresses important topics concerning the complex and intellectually challenging law and practice of commercial arbitration. Given that one of the most often stated benefits of arbitration is its simplicity, the law of commercial arbitration is in reality quite complex. The author integrates coverage of domestic and international commercial arbitration, reconciling two competing realities: that most students are far more likely to represent clients involved in domestic arbitrations than international ones; and that the globalization of the economy makes exposure to international commercial arbitration indispensable. Commercial Arbitration promotes extensive discussion of both sides of the underlying policy issues: • Problems in each chapter highlight key aspects of the leading cases and governing statutes; • Balanced treatment of consumer and employer arbitration; • Emphasis on the legal aspects of arbitration within the commercial context; • Teacher’s Manual provides additional pedagogical insight; and • Updated Documentary Supplement contains relevant and useful additional materials. Among the developments reflected in the Second Edition of Commercial Arbitration are: • Coverage of the Supreme Court’s most recent arbitration cases, up to and including Buckeye Check Cashing; • All new cases and material concerning unconscionability as a ground for challenging the enforceability of consumer and employment arbitration agreements; • Updated references on class arbitration and class action waivers following the Supreme Court’s decision in Bazzle; • Discussion of the revised AAA / ABA Code of Ethics for Arbitrators in Commercial Disputes and the International Bar Association’s New Guidelines on Conflicts of Interest in International Arbitration; and • New cases from the courts of appeals dealing with jurisdictional issues in the enforcement of arbitration awards.