Expertise and Current Research Activity
Arbitration is private judging: parties agree to have private judges (arbitrators) rather than public judges resolve their disputes. Arbitration clauses are commonly included in a wide array of contracts, ranging from consumer and employment contracts to highly complex international deals. Through my research, I hope to help lawyers, policymakers, and others better understand how arbitration works, why parties use arbitration clauses, and what sort of legal regime should govern the use of arbitration.
Consistent with those goals, I am currently assisting the Consumer Financial Protection Bureau with its statutory-required study of arbitration clauses in consumer financial services contracts. I also am continuing my work on the Restatement, Third, of the U.S. Law of International Commercial Arbitration, a comprehensive analysis and restatement of American law on the enforceability of international arbitration agreements and awards.