Arbitration and the Constitution

This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law.

Peter B. Rutledge (Author)

9781107006119, Cambridge University Press

Hardback, published 12 November 2012

218 pages
23.5 x 15.6 x 1.5 cm, 0.46 kg

"Professor Rutledge’s Arbitration and the Constitution offers a thoughtful and provocative study of what, in the United States, are surprising companions... [He] combines a rich historical and doctrinal study with incisive observations and provocative prescriptions, all informed by practical experience in both domestic and international arbitrations."
--Gary Born, Wilmer Cutler Pickering Hale and Dorr LLP, reviewing for Kluwer Arbitration Blog

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.

Part I. Arbitration and Separation of Powers: 1. Article III and judicial review
2. Executive power and the arbitral award
Part II. Arbitration and Federalism: 3. Preemption and the residual role of state law
4. The significance of party choice
Part III. Arbitration and Individual Rights: 5. State action and due process
6. The jury right.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Law [L]