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Arbitration and the Constitution

Arbitration and the Constitution

Arbitration and the Constitution

Author: Peter B. Rutledge
Publisher: Cambridge University Press
ISBN: 9781107006119
Published In: January 2013
Format: Hardback , 218 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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

Peter B. Rutledge
University of Georgia

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