Arbitration Law in America A Critical Assessment

Author: Edward Brunet; Richard E. Speidel; Jean E. Sternlight; Stephen H. Ware
Publisher: Cambridge University Press
ISBN: 9781107406117
Published In: August 2012
Format: Paperback , 418 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book, first published in 2006, argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.

• A detailed look at the US arbitration system and the legal processes surrounding this area of law

• A practical policy book containing draft legislation that suggests clear solutions to the problems raised in the text of the book

• Takes on the prevailing assumption that more arbitration is better, but is tempered by point-counterpoint criticisms among the co-authors

Introduction		page 1
1	The Core Values of Arbitration	3
2	Common Legal Issues in American Arbitration Law	29
3	The Appropriate Role of State Law in the Federal Arbitration System: Choice and Preemption	63
4	Interstate Arbitration: Chapter 1 of the Federal Arbitration Act	88
5	Consumer Arbitration	127
6	International Commercial Arbitration: Implementing the New York Convention	185
7	Tension Points: Where the Authors Disagree	308
Appendices
A:	Ware’s Revised Chapter 1 of the Federal Arbitration Act: 9 U.S.C. §§1–17	345
B:	Speidel’s Revised Chapter 2 of the Federal Arbitration Act	352
C:	Sternlight’s Proposed Amendments to the Consumer Arbitration Statute	375
D:	Brunet’s Federal Arbitration Act	377