Summary

Despite a common belief that consent is the cornerstone of arbitration, its role has diminished in many areas. A challenge for the future is whether consent will continue to constitute a defining core of arbitration. This article focuses on three areas where the importance of consent is in question. First, in the U.S. court system for consumer and employee claims, arbitration is imposed mandatorily, as contrasted with the European system where consent still matters with respect to consumer contracts. Second, commentators are suggesting that arbitration should be imposed by default in ...