- Contracts
- Negotiation
- Mediation
- International & Domestic Commercial Arbitration
- Alternative Dispute Resolution Survey
- Advanced Topics in Alternative Dispute Resolution
- International Business Transactions
Links
Education
- BA, in Philosophy magna cum laude, Yale University
- MPhil in Social & Political Theory, 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. He has written extensively on federal arbitration law and on interest-based dispute resolution in the public sphere. His work has appeared in the University of Pennsylvania Law Review, the UCLA Law Review, and the Yale Law Journal Online, among others. His most recent work, Equal Opportunity for Arbitration, was selected for presentation in the Civil Litigation & Dispute Resolution category at the Stanford/Yale Junior Faculty Forum. In 2011, he traveled to Dhaka, Bangladesh, to train judges and lawyers in mediation and to provide advice on the design of an effective court-connected ADR program.
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, served as an arbitrator and mediator, 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. He is also a member of the State Bar of California, the District of Columbia and New York.
Selected Scholarship
- The Metaphysics of Arbitration: A Reply to Hensler & Khatam, 18 L.J. 541 (2018)
- Arbitration Reform in India: Challenges and Opportunities, in The Developing World of Arbitration (Weixia Gu & Anselmo Reyes, 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. Resol. 141 (2016) (solicited submission)
- Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, 91 L.J. 1143 (2016)
- The Federal Arbitration Act as Procedural Reform, 89 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)
- Equal Opportunity for Arbitration, 58 UCLA L. R 1189 (2011)
- Selected for presentation at the 2011 Stanford/Yale Junior Faculty Forum
- Arbitration’s Suspect Status, 159 U. L. Rev. 1233 (2011)
- The Mess of Manifest Disregard, 119 Yale L.J. Online 1 (2009)
- Deliberative Democracy as Dispute Resolution? Conflict, Interests, and Reasons, 24 Ohio State on Disp. Resol. 406 (2009)
- Communicative Ethics and the Morality of Discourse, 13 Praxis Int’l 154 (1993)
Other Works
- Things We Know and Think We Know About BATNA and WATNA, ADR Prof Blog (2018)
- The Age Myth in Mediation, ADR Prof Blog (2011)
- 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)
- Status and Contract in AT&T 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 (lead 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)
- The Negotiation Process, in A LITIGATOR'S GUIDE TO EFFECTIVE USE OF ADR IN CALIFORNIA (CEB Press 2007) (2005).