THE UNINTENDED CONSEQUENCES OF ARBITRATORS MISTAKENLY PRESUMING THAT PARTIES' INTENTIONAL OMISSIONS WERE UNINTENTIONAL.

The article analyzes the consequences of U.S. arbitrators mistakenly presuming that intentional omissions by parties were unintentional. It explores the use of the Miles Law and Murphy's Law in arbitration cases. A particular focus is given to the Supreme Court case Epic Systems Inc. v. Lewis which validated class action waivers in arbitration. The application of common law and civil law arbitration cases is also discussed.