The Day Doctrine Died: Private Arbitration and the End of Law

By Myriam Gilles, Esq.

July 2022

An increasing number of companies insert mandatory clauses into standard agreements with employees and consumers, requiring all disputes to go to private arbitration. For entire categories of cases, the development of common law doctrine through litigation ― where a judge makes a ruling that is applied to similar cases ― will cease. This, quite literally, represents the end of law as we know it.