There are millions of employees in America who work every day without regard to the technical and seemingly mundane matters that govern their employment. What they don't realize however, is that their employment may be governed by an arbitration agreement. The terms of the arbitration agreement may be unclear until a dispute arises. This is particularly applicable in the area of arbitral fees, where there is a split among United States Courts of Appeals when addressing the issue of who should pay the fees arising from the arbitration of employment disputes. This fissure in American jurisprudence is the subject of this study. The uncertainty of arbitral fees has left employers, employees, and their prospective counsel in legal limbo and frequently incapable of utilizing arbitration to effectively settle employment disputes.
Kevin C. Clark,
The State of Arbitral Fees After Green Tree Financial: Uncertainty and Contradiction Demands Further Guidance from the Supreme Court,
3 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol3/iss2/1