American Arbitration Law: by Ian R. Macneil

By Ian R. Macneil

With an overburdened and bulky approach of court docket litigation, arbitration is changing into an more and more beautiful technique of settling disputes. govt enforcement of arbitration agreements and awards is, despite the fact that, rife with tensions. between them are tensions among freedom of agreement and the necessity to safeguard the susceptible or ill-informed, among the protections of judicial strategy and the potency and responsiveness of extra casual justice, among the government and the states. Macneil examines the heritage of the yank arbitration legislation that bargains with those and different tensions. He analyzes the personalities and forces that lively the passing of the us Arbitration Act of 1925, and its later revolutionizing by means of the best court docket. Macneil additionally discusses how distorted perceptions of arbitration heritage in flip distort present legislations.

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Extra resources for American Arbitration Law: Reformation--Nationalization--Internationalization

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76 With such law governing and with the benefit of half a century of post-Erie11 hindsight, one might have expected to find by World War I a clear-cut body of federal law along one of two lines: (1) The law of arbitration and award concerns "practice, pleadings and forms and modes of proceedings," and hence, state law governs the law of arbitration on the law side of the district courts under the Conformity Act; or (2) the law of arbitration is substantive and governed by the Judiciary Act of 1789 as interpreted by Swift.

1910)70 and held that it was not bound by the law of New York because the question in issue was governed by general federal law, not state law. 71 Swift v. S. 1842) and the Judiciary Act of 1789 Where, may ask the modern reader, were the two key factors one would have thought pertinent to such decisions: the Judiciary Act of 178972 as interpreted in Swift v. S. 75 The Conformity Act provided: The practice, pleadings and forms and modes of proceedings in other than equity and admiralty causes in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.

As will be seen, the reformers came, however reluctantly, to the conclusion that legislation was the route to be followed. And in this the English Arbitration Act of 188918 led the way respecting the key issue: irrevocability of agreements to arbitrate future disputes. Prideful academics might like to find, but will not find, a fifth 28 Reformation of American Arbitration Law force at work: forward-thinking professional scholars writing critically of the defects of the common law arbitration system.

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