To effectively pursue rights, most employees rely on finding a lawyer willing to pursue their case. Although individuals can file claims without using a lawyer, few are willing to do so, and their success rates are much lower than those with legal representation. Nielsen et al. found that only 22.5% of workers who filed employment discrimination cases in federal courts were not represented, and just over one-third of these employees were eventually represented by a lawyer before the case was closed.53 Some argued that the simplicity and lower cost of conciliation would allow more workers to work , cases in this forum without legal representation. But in practice, we find that only 21.1 per cent of labour cases are put in mandatory arbitration by workers without legal assistance.54 Following the High Court Judge`s decision, Juang Setia then lodged two appeals with the Court of Appeal against the (1) decision to overturn the default judgment (“Default Judgment Appeal”); (2) the decision to suspend the judicial proceedings until the “Stay Appeal”). The courts have also upheld dispute resolution clauses, except in accordance with a particular legal order. These include provisions that indicate that it is often easier to impose arbitration awards in a foreign country than court decisions. Under the 1958 New York Convention, an arbitral award issued in a state party can, as a rule, be freely applied in any other State Party, under certain limited defences. Only foreign arbitration awards are executed in accordance with the New York Convention. An arbitration decision is foreign when the award has been rendered in a state other than the state of recognition or in which foreign procedural law has been used. [35] In most cases, these disputes are settled without a public record of their existence, the loser voluntarily complies,[36] although UNCITRAL proclaimed in 2014 a rule of public disclosure of investor-state disputes.

[36] The image of arbitration as a creature of unionized employment began to shift when the Supreme Court began to submit legal labour rights in its 1991 gilmer decision, which was discussed above. Mr. Gilmer not only gave employers the obligation to obtain legal rights, but he also gave employers the green light to require employees to sign arbitration agreements as a binding clause and condition of employment. The case and its descendants allowed employers to unilaterally introduce arbitration procedures to cover legal labour rights and to make these procedures mandatory in the sense that the employer would refuse to hire a candidate who did not sign the arbitration agreement. The principle of effective justification of material rights is essential for the courts to justify closing the court door for parties to an otherwise qualified trial.