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
Contents
1. The core values of arbitration; 2. Common legal issues in American arbitration law; 3. The appropriate role of state arbitration law in a federal system: choice and preemption; 4. Interstate arbitration: chapter 1 of the federal arbitration act; 5. Consumer arbitration; 6. International arbitration: implementing the New York convention; 7. Tension points: where the co-authors disagree; Appendices.
Printer friendly version