This dissertation uses Python-based programming to retrieve and analyze a sample of approximately 400,000 material contracts that companies filed with the Securities and Exchange Commission between 2001 and 2013, focusing on the dispute resolution mechanisms specified therein. The first chapter considers the effectiveness of two state-level efforts to attract dispute resolution business, examining how specialized business courts and the Revised Uniform Arbitration Act affected arbitration and choice-of-forum clause use in these material contracts. The second chapter examines whether and how companies and executives customized their arbitration clauses in response to Internal Revenue Code Section 409A, which increased both the likelihood and the complexity of potential disputes between these parties. The third chapter considers how companies and executives responded when the Supreme Court overturned the Ninth Circuits anomalous refusal to enforce employment-related arbitration clauses. Each chapter finds that contracting parties adjusted their dispute resolution provisions in response to the policy change(s) at issue suggesting that for the sophisticated parties in my dataset, these provisions receive careful thought and are not mere boilerplate.
| Identifer | oai:union.ndltd.org:VANDERBILT/oai:VANDERBILTETD:etd-03232015-124928 |
| Date | 08 April 2015 |
| Creators | Miller, Samuel Mark |
| Contributors | Paige Marta Skiba, Andrew F. Daughety, Erin O'Hara O'Connor, Edward D. Van Wesep |
| Publisher | VANDERBILT |
| Source Sets | Vanderbilt University Theses |
| Language | English |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.library.vanderbilt.edu/available/etd-03232015-124928/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to Vanderbilt University or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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