Ronen Avraham, William Hubbard & Itay E. Lipschits, Procedural Flexibility in Three Dimensions (2018), available at SSRN.

Jay Tidmarsh

A burgeoning procedural literature explores the power of parties to alter the procedural entitlements of the civil-justice system by means of contractual agreement and the limits of that power. The most dramatic example of such bargaining is the agreement to arbitrate, although bargaining also can occur within the context of a civil lawsuit. As Ronen Avraham, William Hubbard, and Itay Lipschits argue […]