Fall of Last Safeguard in Global Dejudicialization: The Problem of Protecting Public Policy in Private Business Disputes
Loading...
Date
2020-01-18
Authors
Ghodoosi, Farshad
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The importance of courts is shrinking. This is largely due to global dejudicialization: the process of outsourcing disputes to private dispute resolution. In the last several decades, along with the triumph of neoliberalism, privatization of the resolution of disputes has become the gospel of modern judiciaries. Courts have been pushed to the tail end of the private adjudication process and are used only as the last resort. The courts’ warm embrace of this structure along with practitioners’ push has led to a staggering expansion of private dispute resolution. The world therefore has witnessed an unprecedented growth of arbitration—the primary mode of private dispute resolution.
Description
52 pages
Keywords
Public policy, Business law, Privatization, Dispute resolution
Citation
98 OR. L. REV. 99