The Cost of Arbitration: A Defense to the Enforceability of Arbitration Agreements?

Burke, Debra D., Green, Devon M., Journal of Legal, Ethical and Regulatory Issues

ABSTRACT

Arbitration clauses in contractual arrangements are fairly standard today. By agreeing to arbitrate, the parties to a contract waive their rights to seek redress of their claims in a court in favor of an arbitration tribunal. While litigation is criticized as being expensive and time-consuming, costs associated with arbitration are far from inconsequential. If the parties have waived their right to go to court, even in situations in which fees and costs may be awarded to the prevailing party, and if arbitration costs are cost-prohibitive, could there be a defense to the arbitration contract based upon unconcionability? This paper explores situations in which such an …

Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information: Article title: The Cost of Arbitration: A Defense to the Enforceability of Arbitration Agreements?. Contributors: Burke, Debra D. - Author, Green, Devon M. - Author. Journal title: Journal of Legal, Ethical and Regulatory Issues. Volume: 14. Issue: 1 Publication date: January 1, 2011. Page number: 71+. © The DreamCatchers Group, LLC 2008. Provided by ProQuest LLC. All Rights Reserved.

This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.