American Exceptionalism in Consumer Arbitration

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disputes.

Here is the abstract:

“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. Despite Americans’ reverence for their “day in court,” their zest for contractual freedom and efficiency has prevailed to result in U.S. courts’ strict enforcement of arbitration provisions in both business-to-business (“B2B”) and business-to-consumer (“B2C”) contracts. This is exceptional because although most of the world joins the United States in generally enforcing B2B arbitration under the New York Convention, many other countries refuse or strictly limit arbitration enforcement in B2C relationships due to concerns regarding power imbalances and public enforcement of consumer protections. The resulting clash in arbitration policy has left consumers in cross-border cases uncertain whether they must abide by arbitration clauses in an increasingly global marketplace.

This and other scholarly articles written by Professor Schmitz may be downloaded free of charge from the Social Science Research Network.

                        author

Amy Schmitz

Amy Schmitz is the John Deaver Drinko-Baker & Hostetler Chair in Law at the Ohio State University Moritz College of Law. From 2016-2021 Professor Schmitz was the Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law and the Center for Dispute Resolution. Previously she… MORE >

Featured Mediators

ad
View all

Read these next

Category

Our Narratives Reflect Who We Are

Tammy Lenski's Conflict Zen BlogSomewhere in the Pacific Ocean, a single whale calls out again and again and again. Whale 52, as he’s known, has never been seen by humans....

By Tammy Lenski
Category

When You Might Need Mediation After Divorce

When the divorce mediation process succeeds, spouses and their family often report a tremendous benefit from having chosen the option, both for the family's long term financial and emotional preservation....

By Cris Pastore
Category

How You Go About Resolving Your Dispute Is Up To You

One point we want to drive home with clients in this series about tiered dispute resolution clauses is that parties have the right and the need to find the right...

By Michael A. Zeytoonian

Find a Mediator

X
X
X