Arbitration Law in America
A Critical Assessment

This book is about changing the terms of American Arbitration Law.

Edward Brunet (Author), Richard E. Speidel (Author), Jean E. Sternlight (Author), Stephen J. Ware (Author)

9780521839822, Cambridge University Press

Hardback, published 9 January 2006

418 pages
23.4 x 15.6 x 3.6 cm, 0.78 kg

"This book does not function as a handbook or guide to the current state of the doctrine.....However, for those in the field who are thinking critically about the current structure of U.S. arbitration law, the authors have done a fine job of assessing areas that require further study and presenting policy based normative propositions that can and should spark critical debate." - JILP

Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book 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.

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.

Subject Areas: International arbitration [LBHT], Politics & government [JP]