This article aims to explore court decisions which have made arbitration less attractive to businesses—both those which have refused to enforce arbitration clauses and paradoxically and those which have enforced arbitration clauses—as well as to provide an overview of businesses' reactions to those decisions and make some predictions about the future direction of travel. To that end, this article will be divided into three main parts. The first will explore the decision of New Prime Inc. as well as the various federal appellate decisions that have applied it. The second will explore the challenges posed by mass arbitration, and the third will discuss examples of several major companies’ dissatisfaction with arbitration, or at least with their current arbitration schemes, in recent years.
Lucas Clover Alcolea,
Arbitration and the Right to Have Your Day in Court: Meeting Again at the Turning of the Tide,
22 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol22/iss2/6