Arbitration is very much in the news. The New York Times recently published a three-part Special Report highly critical of the use of arbitration to resolve disputes. The authorial point of view in the Special Report is telegraphed by its provocative titles: “Arbitration Everywhere, Stacking the Deck of Justice” (Part I), “In Arbitration, a ‘Privatization of the Justice System” (Part II) and “In Religious Arbitration, Scripture is the Rule of Law” (Part III).

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