Mandatory arbitration has engendered a significant amount of debate, much of which focuses on the proper response the law should make to "one-sided" clauses - i.e., those that restrict the remedies and procedures available to individuals in arbitration. But how do we identify one-sided clauses?...

The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of...

It is widely acknowledged that the purpose of the Federal Arbitration Act was to place arbitration clauses on “equal footing” with other contracts. Nonetheless, federal and state courts have placed arbitration clauses on a pedestal by creating special interpretive rules for arbitration...

The separability of an arbitration agreement from the underlying contract is a well-established theory in commercial arbitration. This theory has been applied by courts and arbitral tribunal across the globe without any deviance. However, the position becomes complex when the question is...

Blockchain-based distributed ledgers (“Blockchain Ledgers”) provide an immutable, secure, and tamper evident alternative to conventional transactional modalities, one which also yields enhanced accountability, traceability, and transparency. The inherent benefits, and hence growing adoption...

Generally contracts of guarantee could be rightly perceived as tools used by parties in contracts to ensure that their interests in such agreement are secure, so that, in an event where there is a breach of such contract an action could be maintained against both the erring contracting party and...

Why are NonDisclosure Agreements not simply a matter of providing for the liberty interests of the parties to enter into contracts that they choose to make with each other? As a start, we want to offer an analysis of a cornerstone of such contracts, the prescription of agreed damages commonly...

The EU Directive on unfair contract terms in consumer contracts (97/13/EEC) as a minimum harmonisation directive left Member States free to set up more intensive measures to protect consumers. However, the Czech Republic, stopping at the minimum level, allowed aggressive traders to incorporate...