Arbitration Law in America: A Critical Assessment

ISBN-13: 9780521839822 / Angielski / Twarda / 2006 / 418 str.

Edward Brunet; Richard E. Speidel; Jean E. Sternlight

Opis

Arguing that the 80 year-old Federal Arbitration Act badly needs major changes, the authors, who have previously written major articles on arbitration law and policy, 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 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.

Recenzje

"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

Spis treści

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.