Cultural Determinants of Workplace Arbitration in the United States and Italy

Abstract

Although Italy and the United States are both advanced industrial economies, the law and
practice of workplace arbitration differs significantly in the two countries. This Article explores
those variations and analyzes the reasons for the divergent evolution of arbitration. The Article
concludes that historical and cultural differences in legal systems and labor and employment
relations are explanatory forces. While the United States could provide a more balanced system of
arbitration by learning from the Italian system’s greater protection of workers, given the current
reality neither system seems likely to undergo significant change in the near future.