Arbitration / Mediation / Litigation

Arbitration and the Constitution

By Peter B. Rutledge
Cambridge University Press January 2013

Specifications

ISBN-13
9781107006119
Publisher
Cambridge University Press
Publication
January 2013
Format
Hardback , 218 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism and individual liberties.

• First ever systematic account of the relationship between arbitration law and constitutional law of the United States

• Draws on author's experience lecturing and studying around the world

• Offers unique insights into the ways that two fields of law influence each other beyond express application of doctrine

Table of Contents

Acknowledgments
ix
Introduction
1
Part I.   Arbitration and Separation of Powers
 
1         Arbitration and Judicial Review
15
2         Arbitration and Executive Power
55
Part II.  Arbitration and Federalism
 
3         Arbitration and State Law
79
4         Arbitration and the Choice of Law
101
Part III. Arbitration and Individual Rights
 
5         Arbitration, State Action, and Due Process
127
6         Arbitration and the Jury Right
170
Conclusion
203
Index
209

About the Author

Peter B. Rutledge
University of Georgia

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