Arbitration / Mediation / Litigation

Arbitration Law in America A Critical Assessment

Edited by Edward Brunet · Richard E. Speidel · Jean E. Sternlight · Stephen H. Ware
Cambridge University Press August 2012

Specifications

ISBN-13
9781107406117
Publisher
Cambridge University Press
Publication
August 2012
Format
Paperback , 418 pages
Jurisdiction
U.S. ? Countri(es) for reference only

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

Table of Contents

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

About the Author

Edward Brunet
Lewis and Clark College, Portland

Richard E. Speidel
Northwestern University, Illinois

Jean E. Sternlight
University of Nevada, Las Vegas

Stephen H. Ware
University of Kansas

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