Toward a New Federal Law on Arbitration

Overview

Enacted as a special interest bill in 1925, the Federal Arbitration Act (FAA) positioned arbitration well among specialized merchant communities. Its principles relating to the legitimacy of arbitration contracts and the limited judicial supervision of arbitral awards laid the foundation for a more detailed and effective legal regulation of arbitration. Despite the advanced character of its original content, the FAA was never significantly updated by the U.S. Congress, and the standing statutory provisions did ...

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Overview

Enacted as a special interest bill in 1925, the Federal Arbitration Act (FAA) positioned arbitration well among specialized merchant communities. Its principles relating to the legitimacy of arbitration contracts and the limited judicial supervision of arbitral awards laid the foundation for a more detailed and effective legal regulation of arbitration. Despite the advanced character of its original content, the FAA was never significantly updated by the U.S. Congress, and the standing statutory provisions did not take into account the widening scope of arbitral jurisdiction and its revolutionary impact upon adjudicatory due process. Thus, the task of adjusting the statute to new realities became the responsibility of the U. S. Supreme Court, exercising its duty over a half century and more than fifty cases with the ultimate goal to fulfill the expectations of U.S. citizenship and protect U.S. interests in global commerce.

Toward a New Federal Law on Arbitration endeavors to repair the long-standing problem of updating the official text of the Federal Arbitration Act (FAA). In this book, Thomas E. Carbonneau proposes to transform the FAA into a genuine national law of arbitration, based exclusively on the federal rules applicable to arbitration. He argues for necessary change in the federal law of arbitration that will not only benefit commercial interests and the U.S. economy, but also provide protection for smaller individual interests, such as consumers and employees. This book joins the U.S. Supreme Court in proclaiming that judicial litigation is flawed. In the process, this book describes the current federal law on arbitration, provides and explains the provisions of the proposed law, while setting the stage for future adjudicatory practice.

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Editorial Reviews

From the Publisher
"In Toward a New Federal Law on Arbitration, Professor Carbonneau not only provides an in-depth academic analysis of arbitral law and its practical application, but he expertly offers a prescription for its improvement. This is a must read for any law student, judge, practitioner, and arbitrator seeking to understand the complexities of arbitration in the United States. Carbonneau writes clearly and comprehensively with a felicitous style. For those of us who benefit from arbitration and for the public who deserves a modern arbitration law, Carbonneau has shown us how it can be done. The question remains as to whether anything will be done about it." -Hon. William G. Bassler, Arbitrator / Mediator

"An ambitious and hugely stimulating contribution to U.S. arbitration law which every student of the FAA and practitioner must read." -Gary Born, Chair, International Arbitration Group, Wilmer Cutler Pickering Hale and Dorr LLP

"In Toward a New Federal Law on Arbitration, Professor Carbonneau provides a thoughtful and provocative analysis of arbitration law in the United States. Within the framework of a draft arbitration statute, he offers an intriguing compendium of proposals on how to reform American arbitration law, drawn from his experience with arbitration laws and practices around the world." -Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law

"An engaging contribution to the debate on arbitration's legal framework in the United States." -Professor William W. Park, Boston University, President, London Court of International Arbitration, General Editor, Arbitration International

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Product Details

  • ISBN-13: 9780199965519
  • Publisher: Oxford University Press
  • Publication date: 10/20/2014
  • Pages: 288
  • Product dimensions: 9.30 (w) x 6.50 (h) x 1.00 (d)

Meet the Author

Thomas E. Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Pennsylvania State University, and Faculty Director of the Institute of Arbitration Law and Practice. He was previously a faculty member at the Tulane University School of Law for more than twenty years, where he held the Moise S. Steeg, Jr. professorship. He has directed summer programs on arbitration at various universities, including McGill University in Quebec, Canada, and Queen Mary College in London. Professor Carbonneau is a scholar of international, comparative, and domestic arbitration. He has written many scholarly articles, and more than fifteen books, including casebooks on international litigation and arbitration. He holds degrees from Bowdoin College, University of Virginia, and Columbia University. He also holds an M.A. from Oxford University, where he was a Rhodes Scholar.

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Table of Contents

Acknowledgments

Introduction

Part I: The Current Federal Law on Arbitration
Introduction
Chapter 1: The Statute
Chapter 2: The Judicial Gloss
Chapter 3: The Possible Rebirth of 'Hostility'
Chapter 4: The Reaffirming Consumer Cases
Chapter 5: Conclusions

Part II: The Proposed Law
Introduction
A Proposed Reformulation of The United States Arbitration Act (FAA)

Part III: An Explanation of the Provisions of the Proposed Law
Introduction
An Explanation of the Provisions of the Proposed Law

Index

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