By Bruce Paulsen and Jeffrey Dine ( November 21, 2018, 11:16 AM EST) -- The tension between enforceability and fairness in arbitration and other agreements related to resolution of disputes is a consistent issue in the United States and abroad. For example, arbitration is recognized as an appropriate method of dispute resolution both in international law and the domestic law of most nations, and concerns about unfairness and overreach in private proceedings to resolve disputes, with limited governmental oversight, are, if anything, growing. In the United States, this tension has led to regular decisions by the U.S. Supreme Court in various contexts defining and defending the primacy of arbitration clauses and corralling the scope of judicial review of arbitration agreements and awards — while some states and lower courts continue to express varying degrees of skepticism....