Is Arbitration Fair? Perspectives from the USA and Uzbekistan

This research examines the arbitration law of the USA and Uzbekistan. It will start with the analysis of the US arbitration law examining issues of policy favoring arbitration, preemption, employment disputes, class arbitration, and punitive damages, as well as measures that have been taken to limit consumer and employment arbitration, including Arbitration Fairness Act (2018) and the Forced Arbitration Injustice Repeal Act (2021) introduced in the Senate as part of the legislative efforts to curtail arbitration use albeit unsuccessfully. It will be argued that the Federal Arbitration Act (FAA) enacted in 1925 was not initially intended to cover consumer and employment disputes, which has evolved out of court interpretation of the FAA led by the US Supreme Court. It also reviews the empirical studies conducted on the use of arbitration that reveal very interesting findings. The second part of the work is devoted to examining Uzbekistan's arbitration law and practice, which was adopted recently compared to the US. Uzbek arbitration law expressly excludes labor disputes, and consumer disputes are subject to court jurisdiction according to the law on consumer protection. In the end, economic court practice on the challenged arbitration decisions is considered. Finally, it will conclude by drawing some inferences from both jurisdictions.

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