With an overburdened and cumbersome system of court litigation, arbitration is becoming an increasingly attractive means of settling disputes. Government enforcement of arbitration agreements and awards is, however, rife with tensions. Among them are tensions between freedom of contract and the need to protect the weak or ill-informed, between the protections of judicial process and the efficiency and responsiveness of more informal justice, between the federal government and the states. Macneil examines the history of the American arbitration law that deals with these and other tensions. He analyzes the personalities and forces that animated the passing of the United States Arbitration Act of 1925, and its later revolutionizing by the Supreme Court. Macneil also discusses how distorted perceptions of arbitration history in turn distort current law.
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Editorial Reviews
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"An important piece of legal history...the book presents previously ignored eviedence concerning the USAA's origins. Macneil's analysis also reveals a new perspecitve on the 'premodern' state law of commercial arbitration and the reform movement it spawned...his writing should spark additional scholarly interest in the battles over the modernization of United States arbitration law."--The Journal of American History
"A useful history of the development of arbitration law in the United States during the 20th century....It is well written and easily readable, and Professor MacNeil's strong views on the development of the law make the material much more entertaining than the usual treatises on the subject."--World Arbitration & Mediation Report
About the Author
Ian R. Macneil is at Northwestern University School of Law.
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consent calendar, executory arbitration agreements, modern arbitration statute, superseding state law, modern arbitration law, state arbitration statutes, arbitrate future disputes, public policy defense, arbitration agreements enforceable, state bar committee, traditional arbitration, collective bargaining arbitration, involving commerce, bureaucratic formalism, involving interstate commerce, preclusive effect, pending arbitration Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Supreme Court, United States, Nationalization of American Arbitration Law, Reformation of American Arbitration Law, Julius Henry Cohen, Chief Justice, American Bar Association, Southland Corp, Uniform State Laws, Analysis of Legislative History, Prima Paint, Senator Walsh, New Jersey, Mitsubishi Motors Corp, Uniform Arbitration Act, Soler Chrysler-Plymouth, Senator Sterling, Uniform Act, After Adversity, The Road, Reform Gathers Momentum, Congress Intended, Code of Civil Procedure, Cone Memorial Hospital Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
consent calendar, executory arbitration agreements, modern arbitration statute, superseding state law, modern arbitration law, state arbitration statutes, arbitrate future disputes, public policy defense, arbitration agreements enforceable, state bar committee, traditional arbitration, collective bargaining arbitration, involving commerce, bureaucratic formalism, involving interstate commerce, preclusive effect, pending arbitration Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Supreme Court, United States, Nationalization of American Arbitration Law, Reformation of American Arbitration Law, Julius Henry Cohen, Chief Justice, American Bar Association, Southland Corp, Uniform State Laws, Analysis of Legislative History, Prima Paint, Senator Walsh, New Jersey, Mitsubishi Motors Corp, Uniform Arbitration Act, Soler Chrysler-Plymouth, Senator Sterling, Uniform Act, After Adversity, The Road, Reform Gathers Momentum, Congress Intended, Code of Civil Procedure, Cone Memorial Hospital Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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