Due Process (Arbitral)
The minimum procedural fairness an arbitral scheme must afford.
Arbitration substitutes contract for civil procedure, but not without limit. Protocols that bind claimants to outcomes reached in proceedings they could not attend, could not see, and did not know about implicate the basic expectation that a party gets a hearing before their rights are determined — an objection courts have credited even where every formal contractual requirement was satisfied.
See also
- Bellwether Provision (Arbitration)A clause under which a small sample of arbitrations is resolved first, with results shaping or binding the remainder.
- Confidentiality ProvisionA term restricting disclosure of proceedings, evidence, or outcomes.
- Substantive UnconscionabilityTerms so one-sided as to shock the conscience.
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