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The Impact of the Uniform Commercial Code upon Arbitration: Revolutionary Overthrow or Peaceful Coexistence? - Dispute Resolution Journal - Vol. 22, No. 2

Author(s): 
Merton C. Bernstein
Page Count: 
29 pages
Media Description: 
1 PDF Download
Jurisdictions: 
United States
Practice Areas: 
Commercial Disputes,
Agreement to Arbitrate,
Contents of Arbitration Agreement,
Requirement of Written Form,
Separability,
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Author Detail: 
Visiting Professor of Law, Columbia University Law School. Professor Bernstein is a member of the National Academy of Arbitrators and was formerly counsel to the United States Senate Subcommittee on Labor. He is currently preparing a volume entitled Private Dispute Settlement: Materials and Cases on Arbitration, to be published by The Free Press. The author wishes to declare his debt to his colleagues. Professors Howard P. Fink and Robert J. Nordstrom, of Ohio State University College of Law, not in order to implicate them in his conclusions, but only to say that they attempted to keep him from error, although he probably defeated several of their individual efforts

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Originally from Dispute Resolution Journal

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Without the slightest warning, the august charter of the arbitrator's power has been reduced from a "writing" to any rag-tag conglomerate "sufficient to show agreement," the doctrine of "separability" of arbitration agreements has been stealthily strangled behind the arras, the formerly autonomous arbitrator, although not toppled from his throne, has been humbly subjected to the law (like any modern and powerless constitutional monarch), and the arbitrator's award has been stripped of its relative immunity from court review. The coup was staged, at least in New York, by the Uniform Commercial Code, which, like any proper palace revolutionary, cannily said not a word about its designs before seizing power.