Toward a New Federal Law on Arbitration

Hardcover | November 3, 2014

byThomas E. Carbonneau

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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 amore 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 itsrevolutionary 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. citizenshipand 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 federalrules 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. SupremeCourt 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.

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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 amore detailed and effective legal regulatio...

Thomas E. Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Pennsylvania State University, and Faculty Director of the Institute of Arbitration Law and Practice. He was previously a faculty member at the Tulane University School of Law for more than twenty years, where he held the Moise S. Steeg, Jr. professorship....
Format:HardcoverDimensions:288 pages, 9.25 × 6.12 × 0.98 inPublished:November 3, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019996551X

ISBN - 13:9780199965519

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Table of Contents

AcknowledgmentsIntroductionPart I: The Current Federal Law on ArbitrationIntroduction1. The Statute2. The Judicial Gloss3. The Possible Rebirth of 'Hostility'4. The Reaffirming Consumer Cases5. ConclusionsPart II: The Proposed LawIntroductionA Proposed Reformulation of The United States Arbitration Act (FAA)Part III: An Explanation of the Provisions of the Proposed LawIntroductionAn Explanation of the Provisions of the Proposed LawIndex