Asaf Raz on Arbitration and Corporate Law

Asaf Raz, a research fellow at the University of Pennsylvania Carey Law School, joins the Business Scholarship Podcast to discuss his article Mandatory Arbitration and the Boundaries of Corporate Law. In this article, Raz considers whether case developments point toward mandatory arbitration clauses being incorporated into corporate charters and bylaws, which he predicts would have a negative impact on corporate governance. He further examines whether a contractarian view of the corporation—which, under the Federal Arbitration Act, could justify such provisions—should hold or whether corporate law should be viewed as a distinct body of law.