International Commercial Arbitration

“Forced Arbitration: Corporations Opting Out of Justice and Fairness” and “Delaware Rapid Arbitration Act to Take Effect in May 2015” are two articles of my choice that will help me scrutinize the process of arbitration and the reasons why organizations are preferring this method of dispute resolution. The scrutiny of these articles will enable me to understand arbitration especially that which touches on business organizations and its ability to provide justice to the aggrieved parties. This study will also help identify strengths and areas of improvement in the process in the legal system concerning Arbitration.
“Forced Arbitration: Corporations Opting Out of Justice and Fairness” article contends that the contractual agreements giving permission to allow arbitration as a means of resolving conflicts. This contractual agreement is present in many businesses and individuals sign without the knowledge that they have embedded their signature to permit such a process. The article further claims that the reason why there are so many arbitrations is that many parties do not read the details of their contractual agreement. They attribute this trend to the fact that these documents are too long or the language does not motivate the parties at all. They claim that specifically corporate parties use arbitration to avoid proper justice and fairness by evading court processes. However, many parties are challenging this trend in court where court cases reverse the arbitration clauses. This follows the courts’ ability to scrutinize the validity of the arbitration agreement and whether the parties had prior knowledge of it (Moses 94)&nbsp.