Arbitration

Online
Essay
Game Over: Facing the AI Negotiator
Horst Eidenmüller
Statutory Professor for Commercial Law at the University of Oxford and Professorial Fellow of St. Hugh’s College, Oxford.

This Essay is based on my contribution to the University of Chicago Law School symposium on “How AI Will Change the Law” (April 12–13, 2024). I should like to thank the conference participants for their feedback. I am particularly grateful to Omri Ben-Shahar, Genevieve Helleringer, and Klaus Schmidt for detailed comments and suggestions.

AI applications will put an end to negotiation processes as we know them. The typical back-and-forth communication and haggling in a state of information insecurity could soon be a thing of the past. AI applications will increase the information level of the parties and drastically reduce transaction costs. A quick and predictable agreement in the middle of a visible bargaining range could become the new normal. But, sophisticated negotiators will shift this bargaining range to their advantage. They will automate negotiation moves and execute value-claiming strategies with precision, exploiting remaining information asymmetries to their advantage. Negotiations will no longer be open-ended communication processes. They will become machine-driven chess endgames. Large businesses will have the upper hand in these endgames.

Arbitration Corporations Machine Learning
Online
Essay
Mobile-Based Transportation Employment Disputes: Corporate Chutzpa and the Potential Resurrection of Class Arbitration
Tamar Meshel
Dr. Tamar Meshel is an Assistant Professor at the University of Alberta Faculty of Law. Her research focuses on international and domestic arbitration and international water law.

The thriving mobile-based ride-sharing and food-delivery business in the United States has proven to be fertile grounds for litigation.

Arbitration Class Arbitration Due Process Gig Economy
2
Article
79.2
After Class: Aggregate Litigation in the Wake of AT&T Mobility v Concepcion
Myriam Gilles
Professor of Law, Benjamin N. Cardozo School of Law
Gary Friedman
Attorney, Friedman Law Group LLP

Sincere thanks to Ed Brunet, Arthur Bryant, Sergio Campos, Howard Erichson, Brian Fitzpatrick, Samuel Issacharoff, Margaret Lemos, David Marcus, Geoffrey Miller, Alexander Reinert, Judith Resnik, Charles Silver, Alex Stein, Stewart Sterk, Jean Sternlight, James Tierney, Stephen Ware, and Adam Zimmerman, as well as participants in the Cardozo Law School summer brown bag series, for thoughtful comments. All errors are our own.

Arbitration Civil Rights Class Actions Remedies
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Article
83.4
The Paradox of Access Justice, and Its Application to Mandatory Arbitration
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, The University of Chicago Law School.

I am grateful to Michael Abramowicz, Oren Bar-Gill, Ryan Bubb, William Hubbard, Adam Levitin, Hans-Wolfgang Micklitz, Barak Richman, Raaj Sah, Sonja Starr, David Weisbach, Lauren Willis, Kathy Zeiler, and workshop participants at Boston University, The University of Chicago, the Institute for Advanced Study in Berlin, Northwestern University, Sciences Po in Paris, and the University of Toronto for commenting on an earlier draft, and to Irit Brodsky and Holly Newell for research assistance.

 

I.  Access Justice and Redistribution

A.    The Regressive Possibility

Arbitration Consumer Law Law and Economics

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