Author: Hans Smit*
Published: October 2010
Contents of Arbitration Agreement
Now that civil litigation cannot even pretend to serve its professed goals of speedy, inexpensive, and just adjudication, alternate forms of dispute resolution are enjoying increased interest. Among them, arbitration rides a wave of high popularity. Somewhat surprisingly, notwithstanding its persuasive impact, arbitration has received relatively little attention from academics in the United States. As a consequence, in seeking to achieve appropriate solutions to the questions that have inevitably arisen, the courts have, on the whole, received little assistance from creative scholarship. This is especially true of the unilateral arbitration clause. Although the legal status and consequences of this clause have been proffered repeatedly for judicial determination, no American legal writer appears to have given them detailed consideration; but for a few exceptions, the unilateral arbitration clause appears largely to have escaped commentarial attention. This article attempts to remedy this situation.
*Stanley H. Fuld Professor of Law, Columbia University. The author gratefully acknowledges the assistance of Christos Ravanides, J.D., 2006, LL.M., 2004, Columbia Law School and Ana Christa Boksay, J.D. Candidate 2011, Columbia Law School.