While LOST proponents argue that the United States will choose available arbitration mechanisms to avoid legal decisions from the International Court of Justice (ICJ) or the International Tribunal for the Law of the Sea (ITLOS), such arbitration panels are no-less perilous for U.S. interests as the decisive, "swing" arbiters would be appointed by generally unfriendly UN-affiliated bureaucrats.
The federal law allowing arbitration instead of litigation is riddled with exceptions Congress even exempted car dealers and active-duty military personnel from parts of it and most retail transactions would be untouched.
Such arrangements were allowed by the province's 1991 Arbitration Act and could carry the force of law.
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This is yet another challenge to the Federal Arbitration Act, a law Congress intended to encourage arbitration instead of expensive court battles.
The main restrictions on arbitration clauses have to do with the convenience of the arbitration location and whether it honors U.S. law.
Ask any lawyer who has represented investors in industry arbitrations or an investor if the arbitration system is preferable to a court of law.
The board also will oversee dispute resolution between retailers and union representatives, which will be subject to arbitration with decisions enforceable in a court of law in the country of the retailer.
The law was designed to rein in judges who had repeatedly ignored contracts requiring arbitration, perhaps out of a deep-seated aversion to ceding control over litigation.
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Long before there was an American Arbitration Association, antagonists in business and the professions who feared the abstrusities of law courts had a different means of alternative dispute resolution:the duel.
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