Arbitration: Law, Policy, and Practice provides the ideal blend of arbitration case law, problems, and experiential exercises for students. This book features a full arbitration case file to enable students to experience the arbitration hearing from beginning to end, whether in the role of party, lawyer, or neutral. Special chapters on all aspects of the arbitration process enable students to explore the practical side of arbitration through the lens of both arbitrator and advocate. The book also comprehensively covers legal doctrine and ethical constraints essential to understanding modern arbitration, and includes chapters on preemption, arbitrability, judicial review, complex arbitration procedures, and international arbitration.
The second edition includes updates to both the law and practice problems to account for changes in the law since the release of the first edition. Updated topics include:
- Coverage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFASASHA) and its impact on arbitration agreements and practice;
- Expanded coverage on the ability to arbitrate cases involving federal law;
- Introduction to the concept of the "mass action" in arbitration, or the phenomenon of bringing large numbers of individual claims against a single defendant to gain a class-like advantage; and
- Coverage of the roughly 10 arbitration cases decided by the Supreme Court since the book's last printing.