|The Law and Practice of United States Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States.|
It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law.
It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context.
The Sixth Edition of The Law and Practice of United States Arbitration is based on the reading of nearly 500 recently-decided cases by federal courts and state supreme courts. It also incorporates an examination of contemporary commentary on the subject.
The presentation of the materials has been completely reconfigured, reorganized, and substantially rewritten. The introductory chapter provides essential information on the legal regulation of arbitration and contains a thorough re-evaluation of its status and operation in the American legal system. Because of the consistently favorable SCOTUS decisional law, arbitration has an even greater presence in American law and adjudication.
In addition to a comprehensive assessment of the FAA, the voluminous case law it has generated, and the function of the ‘emphatic federal policy favoring arbitration’, the Sixth Edition updates the law on federalization, federalism, and contract freedom. It describes and examines the judicial disputes that have resulted over arbitration.
The book also describes at much greater length the most controversial sector of arbitration: consumer and employment arbitration. It suggests ways in which to modify the FAA to achieve greater fairness in adhesive arbitration.
The developments in award enforcement---clarification, review on the merits, the status of manifest disregard of the law---are all explained in-depth. Finally, the volume testifies to the fact that arbitration betters our societies and world. On a planet devoid of agreement and flooded with acrimony, arbitration provides a real possibility for prosperity in all nations. It also offers our heavily-invested law students the prospect of a bright career.
Arbitration is not only the pathway to commercial justice, but also it fosters the tolerance of cultural, religious, political, and linguistic differences. It addresses the true challenges of diversity. The Sixth Edition treats arbitration with the understanding and respect it deserves.
Chapter One: Initial Considerations
Chapter Two: The FAA
Chapter Three: Objections to the Federal Policy on Arbitration and Arbitrability
Chapter Four: Contract Freedom, Federalism, and Statutory Arbitrability
Chapter Five: Adhesive Arbitration
Chapter Six: Award Enforcement
Table of Cases