North Carolina Law Review

University of North Carolina School of Law

160 Ridge Road

Chapel Hill, NC 27514

The Black Hole of Mandatory Arbitration

March 21, 2018

96 N.C. L. Rev. 679 (2018) 


From the early days of mandatory arbitration of statutory claims—especially employment-discrimination claims—one major critique has been the loss of transparency and publicity that attends a shift from litigation in public courts to arbitration in private tribunals. Given the lack of written, publicly available decisions and the relative secrecy of arbitral proceedings, the diversion of legal disputes from courts to arbitrators under the Federal Arbitration Act (“FAA”) threatens to stunt both the development of the law and public knowledge of how the law is interpreted and applied in important arenas of public policy. 



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