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KPMG: A Contracts Cornucopia

Dave Hoffman

Dave Hoffman is the Murray Shusterman Professor of Transactional and Business Law at Temple Law School. He specializes in law and psychology, contracts, and quantitative analysis of civil procedure. He currently teaches contracts, civil procedure, corporations, and law and economics.

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2 Responses

  1. Dylan says:

    “Now I usually tell my students that arbitration is favored by courts and that public policy arguments are weak ones.”

    When I researched the issue I told my boss arbitration is favored by appellate courts, but lots of district judges get a wild hair and try to throw them out anyway. Exhibit Z.

  2. arbbed a few says:

    Good comment, Dylan. My pet peeve: a court saying arb is a “favored provision.” What does that mean? That if the contract doesn’t call for it, we’ll add it anyway? That if the contract does call for it, we’ll make it doubly required? That once the two sides articulate competing theories of interpretation we’ll stop applying critical thought and toss everything off to arb-land?

    What would be so wrong with “arb clauses are like other contract clauses: if you add them we’ll enforce them, if you don’t we won’t, and if it’s initially not clear we’ll apply the same construction techniques we do for other clause”?

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