united-states employment arbitration employer
Want to learn more about arbitration - recommend books?
<p>I don't know very much about how this works in practice in, say, the United States.</p>

<p>Roughly, my understanding is that there are party-appointed arbitrators and list-appointed arbitrators. But I don't know, for example, how list-appointed arbitrators get or stay on the list.</p>

<p>What are the best books to read to learn about arbitration in theory and practice? What are interesting real-life arbitration cases? Is it truly always the case that the arbitrator is neutral? It seems to be that an employer chooses to put arbitration in their contracts, for example, in part because the employer has greater power to choose an arbitrator whose views match their own.</p>

<h2>Textbooks:</h2>

<p>Many academic law textbooks will be relevant, so you can try to grab a recent year's syllabus online (Google arbitration syllabus [insert law school here]) and use that as a reference to start with. </p>

<h2>Online:</h2>

<p>Websites you should check out:</p>

<p><strong>Non-international arbitration:</strong></p>

<ul>
<li><a href="https://www.adr.org/Arbitration" rel="nofollow noreferrer">ADR.org</a></li>
<li><a href="https://www.jamsadr.com/" rel="nofollow noreferrer">JAMS</a></li>
<li>Mediate.com - What is <a href="https://www.mediate.com/articles/grant.cfm" rel="nofollow noreferrer">Arbitration?</a></li>
<li>How Does the <a href="https://www.thebalance.com/what-is-the-arbitration-process-how-does-arbitration-work-397420" rel="nofollow noreferrer">Arbitration Process</a> Work?</li>
</ul>

<p>You should note that there may be differences in arbitration procedures depending on industry. For example, arbitration in a government employment situation may be varied to some degree from arbitration in a contract dispute. </p>

<p><strong>International Arbitration:</strong></p>

<p>For international arbitration, you may wish to look at:</p>

<ul>
<li>Arbitration at the <a href="https://iccwbo.org/dispute-resolution-services/arbitration/" rel="nofollow noreferrer">International Chamber of Commerce</a></li>
<li><a href="https://www.transnational-dispute-management.com/" rel="nofollow noreferrer">Transnational Dispute Management</a></li>
</ul>

<p>You should note the distinction between <em>international commercial arbitration</em> (the prior two links) and arbitration under <em>public international law</em> which is conducted according to international law and/or treaties and/or contracts between private entities and States. Some information about this type of arbitration may be found here: </p>

<ul>
<li><a href="http://arbitrationblog.kluwerarbitration.com/2012/07/20/state-to-state-arbitration-at-the-permanent-court-of-arbitration/" rel="nofollow noreferrer">Kluwer Arbitration Blog article</a> State-to-State Arbitration at
the Permanent Court of Arbitration at The Hague (Kluwer Arbitration
Blog is a good all-around source in general, too).</li>
</ul>

<p>The disputes between private entities (usually multi-national corporations) and States are conducted as <em>investor-state dispute settlement</em> (ISDS) and have been the subject of much controversy in recent years:</p>

<ul>
<li>Try the blog or the publications section of the <a href="http://investmentpolicyhub.unctad.org/" rel="nofollow noreferrer">Investment Policy
Hub</a>.</li>
</ul>

<p>This three-part BuzzFeed series on Investor-State Dispute Settlement is the best anti-ISDS piece I've read: <a href="https://www.buzzfeed.com/chrishamby/super-court?utm_term=.xcLgKN7Kz#.arGZ0Jn0E" rel="nofollow noreferrer">The Court That Rules The World</a>. Here is a defense of ISDS from the <a href="https://obamawhitehouse.archives.gov/blog/2015/02/26/investor-state-dispute-settlement-isds-questions-and-answers" rel="nofollow noreferrer">Obama Administration</a>.</p>

<h2>Still Want Books?</h2>

<p>Also, if you still wish to find some book references, using the search tool at the <a href="https://academic.oup.com/journals/advanced-search" rel="nofollow noreferrer">Oxford Academic</a> website is useful. Change your query to books. </p>

<h2>The List:</h2>

<p>Regarding getting on and staying on lists, it largely will depend on the organization that maintains the lists. Examples may be the aforementioned International Chamber of Commerce or the <a href="https://www.cpradr.org/" rel="nofollow noreferrer">CPR International Institute for Conflict Prevention &amp; Resolution</a>. Typically it's based on some criteria of being an upstanding citizen and experienced in the law or other relevant field.</p>
