For this work, editors Stephen K. Huber and Ben H. Sheppard, Jr. and the University of Houston Law Center collaborate with the American Arbitration Association (AAA), to revive the tradition of publishing an annual survey of important developments in arbitration and the law. Initially published as the "AAA General Counsel's Annual Report" and later as "ADR & the Law," the annual survey has not been published since 2007. The Yearbook will once again be produced on an annual basis.
The AAA Yearbook on Arbitration and the Law provides arbitrators and busy practitioners a practical, relevant and readily accessible resource, organized into two parts:
Part One contains digests of important decisions of the United States Supreme Court, the United States court of appeals and state supreme courts. This volume includes digests of selected judicial decisions from 2007 through 2009, and is current through October 1, 2010. The book contains 130 case digests, together with citations and descriptive cross-references to more than 400 related decisions. Recognizing the important role of arbitration in the global economy, there is a separate chapter containing digests and cross-references to cases dealing with the unique issues presented in international arbitrations.
Part Two consists of articles that address a wide range of timely and important arbitration topics, including a comprehensive report on the extraordinary range of services that the AAA provides and a detailed overview of the international activities of the AAA/ICDR, including a report on the successful implementation of the ICDR's pre-arbitral emergency arbitrator procedure, the first such procedure to be adopted by any arbitral institution as a standard part of its rules.
Other articles address some of the hottest topics in domestic and international arbitration, such as a survey on the status of "manifest disregard of the law" as a basis to vacate an arbitral award; arbitral cost allocation decisions and whether guidelines should accompany arbitral discretion; a tenth anniversary reflection on experience under The Revised Uniform Arbitration Act; problems posed by arbitrator disclosure and implications of a duty to investigate; whether a private international arbitration falls within "foreign or international" tribunal under 28 U.S.C. Section 1782; and several timely practice pointers for parties seeking discovery in aid of arbitration.
The AAA Yearbook re-establishes itself as the preeminent annual yearbook on Arbitration and Dispute Resolution in the United States. It is a required and necessary reference work for all who wish to stay on top of the latest trends, developments , cases and guidelines – accompanied by expert commentary and analysis – in Arbitration and Dispute Resolution.
William K. Slate II
Stephen K. Huber and Ben H. Sheppard, Jr.
PART ONE--CASE DIGESTS
1.01 Contract Formation
1.02 State Contract Law Defenses
1.03 Public Policy Defenses: Unconscionability
1.04 Defective (Unenforceable) Arbitration Agreements
1.05 Waiver of the Right to Arbitrate
2.01 Scope of the Arbitration Agreement
2.02 Who Decides Arbitrability: Court of Arbitrator?
2.03 Severability/Separability of the Arbitration Agreement
2.04 Non-Signatories: Arbitral Jurisdiction over Parties Who Have Not Signed the Arbitration Agreement
2.05 Non-Signatories: Application of the 9 U.S.C. Section 3 Mandatory Stay to Non-Signatories
2.06 Class Arbitration: Developing Case Law, Including the Enforceability of Clauses Prohibiting Class Arbitration
2.07 Appeal of Trial Court Orders Requiring or Denying Arbitration
3.01 Commerce Clause Preemption of State Law by the FAA
3.02 The Role of State Arbitration Law
3.03 Federal Court Jurisdiction and the FAA
3.04 Choice of Law and Choice of Forum
4.01 Disqualifying Arbitrators: Evident Partiality and Related Grounds
4.02 Structural Bias: Non-neutral Neutrals
4.03 Failure of Arbitral Selection Provisions
5.01 Interim Relief by the Court
5.02 Arbitral Subpoenas and Pre-hearing Discovery
5.03 Arbitral Stays of Parallel Litigation and Judicial Stays of Arbitral Proceedings
6.01 Preclusion: Res Judicata and Collateral Estoppel
6.02 Remedial Authority of Arbitrators
6.03 Awards of Costs, Fees, and Interest
7.01 Statutory Deadlines for Submission of Application to Vacate or Modify Award
7.02 Contractual Expansion of Grounds of Judicial Review
7.03 Challenges Based on Evidentiary and Procedural Issues
7.04 Challenges that Arbitrators Exceeded their Authority
7.05 Manifest Disregard of the Law
7.06 Non-Statutory Grounds for Review: Public Policy
8.01 Applicability of the New York Convention
8.02 Enforcement of the Arbitration Agreement
8.03 Waiver of Removal Rights under the New York Convention
8.04 Court Assisted Evidence Gatherings under 28 U.S.C. § 1782
8.05 Injunctions against Arbitration
8.06 Procedural Barriers against Enforcement of Foreign Arbitral Awards
8.07 Enforcement of Foreign Awards Vacated at the Seat of Arbitration
American Arbitration Association 2010
Sandra K. Partridge
"Manifest Disregard" of Law?
James H. Carter & Florence J. Goal
Does A Private International Arbitration Fall Within "Foreign Or International Tribunal" in 28 U.S.C. § 1782? Practice Pointers for Seeking Discovery in Aid of Arbitration after Intel Corp. v. Advanced Micro Devices, Inc.
Dana C. MacGrath and E. Rainbow Willard
The Rise and Fall of Class Arbitration
John M. Townsend
APPENDICIES ON CD-ROM
Table of Contents of CD Rom to be furnished by AAA/ICDR
"Arbitration has blossomed into a major business and legal industry in the United States and the transnational world. Books describing the law and practice of this ADR field abound. Any current publication has got to offer something new to be successful. The 23rd Edition of Arbitration and the Law does just that! The co-editors have revived the American Arbitration Association’s tradition of publishing an annual survey of important developments in arbitration. In addition to containing well written chapters on all aspects of arbitration law, the book provides readily available, detailed access to current judicial decisions addressing the multitude of complex and thorny issues that may arise during the course of an arbitration proceeding. This latest edition is indeed a valuable resource for busy arbitrators and practitioners alike."
-Gerald Aksen, Arbitrator and Mediator; former General Counsel of the American Arbitration Association.
"The 23rd edition of the AAA's Arbitration & The Law contains not only valuable articles but invaluable summaries of current cases on salient issues of arbitration, indexed issue-by-issue. Its editors are to be congratulated."
-Judge Stephen M. Schwebel, Former President of the International Court of Justice
"This book is a superb overview of recent developments in the United States law on international arbitration addressing the major issues of the day, including, among others, the continued viability of the doctrine of manifest disregard, the rise and fall of class arbitration, and the permissibility of using section 1782 to obtain evidence in aid of arbitration proceedings. Ben Sheppard and Steve Huber are to be commended for putting together such a formidable team of contributors, who are among the leading international arbitration practitioners in the United States. I highly recommend this book."
-John Fellas, Hughes Hubbard & Reed LLP
"The 23rd edition of 'Arbitration and the Law' not only continues a venerable tradition but, in this latest volume, it enriches and increases the value of the series going forward by its inclusion of a compendious section on recent cases that will be of great use both to teachers of arbitration and to practitioners, who will find in the case analyses valuable reference points for understanding the often arcane judicial pronouncements concerning the interaction between courts and arbitration proceedings."
-Lawrence W. Newman, Baker & McKenzie LLP
"Welcome back to Arbitration and the Law, and thanks to the AAA and University of Houston Law Center for reviving this publication. Research has just gotten easier for the arbitration community, particularly with the new organization -- by stage of an arbitration for the case digests."
-Lucy Reed, Partner and Co-Head of the International Arbitration Practice Group, Freshfields Bruckhaus Deringer LLP, Former President of the American Society of International Law
"A most magnificent tool for coming to grips with the complex evolution of American arbitration law."
-Rusty Park, President LCIA; Professor, Boston University
"The AAA deserves kudos for reviving Arbitration and the Law. The 23rd Edition is a most important addition to our classroom courses on the law of arbitration. The case digests are particulalry valuable, up to date teaching resources, as the topics cover the course in full."
-David J Branson, Director, ADR Center, International Law Institute, Washington DC.
"This is a very practitioner-friendly annual survey of important arbitration developments, significantly enhanced and improved from its prior incantation. The survey of recent cases, organized by topic, provides a particularly useful means of remaining up-to-date on key issues that arise daily in arbitration practice. And the articles provide valuable insights from leaders in the field on several of those important issues."
-Robert H. Smit, Partner, Simpson Thacher & Bartlett LLP
"This provides an invaluable and unique resource for practitioners and parties alike. Thanks so much for publishing this."
-Carolyn Lamm, Partner, White & Case