PLRG Public Seminar, “The Arbitration Debate: A Tale of Two Contract Cities” by Dr Orit Gan

Arbitration is a hotly debated issue. Some scholars point to its advantages and conclude that it offers a speedy, efficient, and cheap dispute resolution forum, preferable to court proceedings. Others point to its disadvantages in employment or consumer context and to the misuse of arbitration by big corporations, and conclude that in such cases employees and consumers are better protected by litigation. This “arbitration debate” is present not only in the literature but also in Supreme Court decisions.  Dr Orit Gan analyzes the Supreme Court decisions, revealing, not only different interpretation and application of the FAA but mainly profound different perspectives on contract and contract law.