Arbitrator as Judge . . . And Judge of Jurisdiction
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most significantly, there are practical and inescapable realities that will ensure arbitration's survival.
David A. Larson, The End of Arbitration As We Know It? Arbitration Under Attack, 3 93 (2011).