Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms

81 Pages Posted: 16 Jun 2010

See all articles by Amy J. Schmitz

Amy J. Schmitz

Ohio State University (OSU) - Michael E. Moritz College of Law; Cyberjustice Lab

Date Written: June 16, 2010

Abstract

Consumer advocates and policymakers call for abolition of predispute arbitration clauses in consumer contracts, while proponents of arbitration claim such abolition would increase companies’ dispute resolution costs, leading to higher prices and interest rates. Policymakers on both sides of the debate, however, rarely consider the empirical research necessary for crafting informed arbitration disclosure rules. This article therefore focuses on how varied research, including my own empirical studies, may inform policies regarding arbitration disclosure regulations. The article also offers suggestions for regulations tailored to have the most impact for the cost in light of this research.

Keywords: arbitration, contracts, consumer rights, consumer law, dispute resolution

JEL Classification: K12, K41, K30, K10

Suggested Citation

Schmitz, Amy J., Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms (June 16, 2010). Harvard Negotiation Law Review, Vol. 15, No. 115, 2010, U of Colorado Law Legal Studies Research Paper No. 10-19, Available at SSRN: https://ssrn.com/abstract=1625928

Amy J. Schmitz (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Cyberjustice Lab ( email )

Montreal
Canada

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