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Solomon is being unduly (though characteristically) cynical.
Like most areas of law, politics, or economics, arbitral jurisprudence is cyclical. The interpretation of the FAA during the last quarter-century is significantly different from the view during the first half-century. Of all people, Richard Solomon must remember that when he began practicing back in 1925, the FAA had much less applicability and a much more sceptical judiciary.
As far back as 2003 the CRS reported on aggressive expansion of the power of ADR clauses; now recent stories here on BMM have indicated, there seems to be a shift among legislators (albeit not among the judiciary) and I would not be so quick to dismiss a panel discussing current developments in ADR.
I hope there's a good lively discussion on arbitration at the ABA panel. The problems, abuses and merits of using arbitration is a perennial debate worth having. The argument defines what sort of parallel laws we are willing to be ruled by and what is fair. And now there is the Arbitration Fairness Act that is heating up. That should make for a lively discussion.
Please tell us all about it when you get back.
Can't make it to Chicago, but hope that you fill us in when you return.
Not all of us share the feeling that nothing ever changes. The tide is turning on arbitration and the fairness of arbitration.
How will the world get on when you, the font of information on everything, and the sexiest man alive, pass on? I fear the impending doom when the great stud know it all is gone.
There will be three views - the arbitrationn is wonderful view - the franchisor's/large company's/bank's view - the view of the "plaintiff"/franchisee/injured party. You all know what each will say. Afterward there will be a cocktail party at the office of some large law firm, especially if they have recently moved into new plush offices. Nothing will change and no one will go away with any mind expanding insights.
When I spoke on the subject in Chicago, Rdnick & Wolfe had just moved into their new offices and the party was there. There were strolling musicians and several bars, with passing of hore's ovaries of all sorts of flavors and textures. I rode my new motorcycle there from Houston.
At one of the bars, as I was getting a refill, a R&W typical Jewish American Princess partner strolled by, stopping to chat. She made a point of informing me that she had attended the panel discussion I was on relating to arbitration. Someone told her I had come to the meeting on my new motorcycle that could go from 0 to 60 in 2.8 seconds. She was appalled and asked why I would risk my earning ability doing something like that? (Typical,right?)
I asked her whether she had ever had anything that hot between her legs? She stalked off in a huff. I have never been invited back.
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