- Contracts
- Negotiation
- Mediation
- International & Domestic Commercial Arbitration
- Alternative Dispute Resolution Survey
- Advanced Topics in Alternative Dispute Resolution
- International Business Transactions
Links
Education
- BA, magna cum laude, Yale University
- MPhil, University of Cambridge
- JD, with distinction, Stanford Law School
Background
Hiro Aragaki joined the Loyola faculty in 2011. His scholarly interests cluster around the intersection of contract and procedure. His scholarship on ADR has won prestigious accolades and been published in top U.S. law journals, such as the N.Y.U. Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Online. He has written extensively on federal arbitration law and is currently engaged in a number of long-term projects looking at mediation from comparative, development, and empirical perspectives. He has frequently been called upon to train judges and lawyers in ADR and consult on ADR reform projects around the world, most recently as an Advisor to the Expert Committee on Mediation, Supreme Court of India.
Before coming to Loyola, Professor Aragaki was an Assistant Professor of Law & Ethics at Fordham University Graduate School of Business Administration in New York, where he taught courses on business law. Prior to that, he practiced law with international law firms, and clerked for the Hon. Fern M. Smith, U.S. District Court (N.D. Cal.). Professor Aragaki is a member of the Roll of Solicitors in England & Wales, and a member of the State Bars of California, New York, and the District of Columbia. He also serves as an arbitrator and mediator at JAMS.
Selected Scholarship
- Civil Justice Reform in Chinese Law and Society, __ Asian Journal of Law & Society __ (forthcoming 2022)
- A Snapshot of National Legislation on Same Neutral Med-Arb and Arb-Med Around the Globe, in Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study (Anselmo Reyes & Weixia Gu, eds., forthcoming 2022)
- The Critical Theory Legacy of Jean Sternlight’s Panacea or Corporate Tool?, in Discussions in Dispute Resolution: The Foundational Articles (Art Hinshaw, Andrea Schneider & Sarah Cole, eds., 2021)
- The Metaphysics of Arbitration: A Reply to Hensler & Khatam, 18 Nev. L.J. 541 (2018)
- Arbitration Reform in India: Challenges and Opportunities, in The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific (Weixia Gu & Anselmo Reyes, eds., 2018)
- Arbitration: Creature of Contract, Pillar of Procedure, 8 Penn St. Y.B. Arb. & Mediation 2 (2016) (peer-reviewed journal; solicited submission)
- Constructions of Arbitration’s Informalism: Autonomy, Efficiency, and Justice, 2016 J. Disp. Resol. 141 (2016) (solicited submission)
- Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, 91 Ind. L.J. 1143 (2016)
- The Federal Arbitration Act as Procedural Reform, 89 N.Y.U. L. Rev. 1939 (2014)
- Won “Honorable Mention” in 2013 AALS Scholarly Paper Competition
- Selected for presentation at 2014 Branstetter New Voices in Civil Justice Workshop, Vanderbilt Law School
- AT&T Mobility v. Concepcion and the Antidiscrimination Theory of Federal Arbitration Act Preemption, 4 Penn St. B. Arb. & Mediation 39 (2013) (peer-reviewed journal; solicited submission)
- Arbitration’s Suspect Status, 159 U. Pa. L. Rev. 1233 (2011)
- Equal Opportunity for Arbitration, 58 UCLA L. Rev. 1189 (2011)
- Selected for presentation at the 2011 Stanford/Yale Junior Faculty Forum
- The Mess of Manifest Disregard, 119 Yale L.J. Online 1 (2009)
- Deliberative Democracy as Dispute Resolution? Conflict, Interests, and Reasons, 24 Ohio St. J. on Disp. Resol. 406 (2009)
Selected Public Engagement
- Recommendations to the Expert Committee on Mediation under the Mediation and Conciliation Project Committee of the Supreme Court of India (with Joel Lee, Nat’l U. Singapore, 25 June 2020)
- The African Promise, ADR Prof Blog: Indisputably (2019)
- An Outsider’s View of Mediation Law Reform in Africa, Newsletter of the Chartered Institute of Arbitrators, Zambia Branch (July – Sep. 2019)
- SOAS Arbitration in Africa Survey, ADR Prof Blog: Indisputably Jul. 17, 2018
- Reflections on Epic Systems v. Lewis, Nos. 16–285, 16–300, 16–307, 584 U.S. __ (2018), Summary Judgments (LLS Faculty Blog), May 25, 2018
- Things We Know and Think We Know About BATNA and WATNA, ADR Prof Blog: Indisputably, Jan. 4, 2018. See Professor Lande’s simultaneously-published reply, Confusing Dispute Resolution Jargon, ADR Prof. Blog, Jan. 4, 2018
- The Dao of Friendly Skies, ADR Prof Blog: Indisputably, Apr. 20, 2017
- Aragaki on DirecTV v. Imburgia, ADR Prof Blog: Indisputably, Dec. 21, 2015
- Aragaki on Szalai’s Outsourcing Justice: The Rise of Modern Arbitration Laws in America, ADR Prof Blog: Indisputably, Jun. 28, 2013
- Amicus Curiae Brief of Law Professors on Rehearing En Banc in Support of Petitioners, in Kilgore v. Keybank, No. 09-16703 (9th Cir.) (co-author, filed October 2012)
- Amicus Curiae Brief of Arbitration Professors in Support of Petition for Rehearing En Banc, in Kilgore v. Keybank, No. 09-16703 (9th Cir.) (author, filed March 2012)
- The Age Myth in Mediation, ADR Prof Blog
- Status and Contract in AT&T Mobility v. Concepcion, SCOTUSBlog symposium on arbitration and the U.S. Supreme Court
- Amicus Curiae Brief of Arbitration Professors in Support of Respondents, in AT&T Mobility v. Concepcion, No. 09-893 (U.S.) (author, filed October 6, 2010)
- Hall Street Associates v. Mattel: The Right Result The Wrong Way?, JAMS Dispute Resolution Alert, Vol. 8, No. 3 (Summer 2008)