in arbitration should balance sensitivity toward cost and delay against the parties' interest in due process and correct … decisions. If arbitration loses its moorings as a truth-seeking process, nostalgia for a golden age of simplicity will yield to …

Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to … decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally …

A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations …. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor … arbitration's basic procedural integrity, which includes impartial arbitrators who hear before deciding and respect both …

facilitated by arbitration …

sovereign prerogative of revenue raising, the practice proves very much to the contrary. Arbitration of tax-related disputes … proves very much a reality despite doctrinal objections. The amenability of such disputes to arbitration remains highly fact …-intensive, with no hard-and-fast rule prohibiting all tax arbitration per se, while some controversies stay out-of-bounds for …

harvest and new beginnings. The season's double symbolism evokes rival visions of arbitration today. Some observers see a … golden age of cheap and cheerful proceedings as replaced by a costly complexity that fails arbitration's promise of coherent … and efficient dispute resolution. On closer scrutiny, however, arbitration reveals itself as having arrived at its autumn …

Like consummated romance, arbitration rests on consent. An agreement of some sort waives each side's right to invoke … that never signed an arbitration clause. In cross-border arbitration, the genesis of decision-making power derives from no … single legal system. Arbitration arises from the parties' decision that the dispute should not be decided by national courts …

bad. Several elements play key roles in evaluating any arbitration, namely: accuracy, fairness, cost, speed, and award …