Document Type
Blog Post
Publication Date
11-17-2025
Abstract
For decades, the U.S. Supreme Court has expressed corporate favor by greenlighting mandatory arbitration clauses that modify the arbitration process to limit claims and maximize profit. These modifications include everything from authorizing provisions that require consumers to waive their right to a class action, to corporate specification of the forum, rules, and relevant procedures for arbitration. However, it is not only these company written arbitration clauses that are expanding corporate dominance in arbitration, there is an underexplored profit incentive helping to shape the corporate friendly structure of the arbitration process originating from the arbitration forums themselves.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on November 17, 2025.
Recommended Citation
Thomas, Jacob, "For-Profit Arbitration and the Race to the Procedural Bottom" (2025). Cardozo Journal of Conflict Resolution (CJCR) Blog. 117.
https://larc.cardozo.yu.edu/cjcr-blog/117
