Toward a New Federal Law on Arbitration

Toward a New Federal Law on Arbitration

by Thomas E. Carbonneau
ISBN-10:
019996551X
ISBN-13:
9780199965519
Pub. Date:
10/20/2014
Publisher:
Oxford University Press
Select a Purchase Option (New Edition)
  • purchase options
    $105.00
  • purchase options
    $58.32 $105.00 Save 44% Current price is $58.32, Original price is $105. You Save 44%.
    icon-error
    Note: Access code and/or supplemental material are not guaranteed to be included with textbook rental or used textbook.
  • purchase options

Overview

Toward a New Federal Law on Arbitration

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.

Product Details

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

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

Customer Reviews

Most Helpful Customer Reviews

See All Customer Reviews