Arbitration Law in America: A Critical Assessment

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Januar 2006



This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration - arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.


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.


Edward Brunet is the Henry J. Casey Professsor of Law at Lewis and Clark Law School. He specialized in business litigation in private practice in Chicago. His major academic interest is relating principles of economics to the content and practice of law. Brunet has published in leading law journals, including the Virginia, Michigan, Cornell, Duke, and Tulane Law Reviews. He is coauthor of a book on summary judgment with Professor Martin Redish of Northwestern University School of Law and co-author of a book on alternatives to trial with Professor Charles Craver of George Washington School of Law. Richard E. Speidel is the Beatrice Kuhn Professor of Law Emeritus at Northwestern University School of Law and is also a visiting Professor at the University of San Diego School of Law. Professor Speidel's specialties include public contract law, contracts, commercial transactions, and arbitration. He has published extensively in each of these areas. He has co-authored two leading casebooks Commercial Transactions: Sales and Leases of Goods with Linda Rusch, and Studies in Contract Law with Ian Ayres and a critically acclaimed treatise on Federal Arbitration Law. Jean R. Sternlight is the Saltman Professor and Director of the Saltman Center for Conflict Resolution at the University of Nevada Las Vegas. She is co-author of two other books: Dispute Resolution: Beyond the Adversarial Model (Aspen 2004) and Materials on Mediation Theory and Practice (Lexis 2001). She has written numerous articles on arbitration which have appeared in numerous prestigious journals including the Stanford Law Review, the University of Pennsylvania Law Review, Law and Contemporary Problems, and the William and Mary Law Review. Stephen J. Ware is Professor of Law at the University of Kansas. He received his B.A. from University of Pennsylvania and his J.D. from the University of Chicago Law School. Following a clerkship with the United States Court of Appeals for the Second Circuit (Judge J. Daniel Mahoney), he joined the New York law firm of Davis Polk & Wardwell where his practice consisted of commercial and financial litigation. He is the author of the Hornbook on Alternative Dispute Resolution (West 2001) and more than a dozen articles on arbitration in both scholarly and popular journals.


"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
EAN: 9780521839822
ISBN: 0521839823
Untertitel: Sprache: Englisch.
Erscheinungsdatum: Januar 2006
Seitenanzahl: 394 Seiten
Format: gebunden
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