Conclusion - Law and Practice of Arbitration - 4th Edition
Thomas E. Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State's Dickinson School of Law. Professor Carbonneau is commonly regarded as one of the world's leading experts on domestic and international arbitration. He serves on the editorial board of La Revue de L'Arbitrage and is the author of ten highly acclaimed books and 75 scholarly and professional articles on arbitration. Professor Carbonneau and was formerly the Moise S. Steeg Jr. Professor of International Law at Tulane University School of Law.
Law and Practice of Arbitration - 4th Edition
Doing the work of arbitration today amounts to making a
contribution to articulation of a "new civil procedure"1--and, if
fortuna continues to smile and constructive optimism to reign,
perhaps the elaboration of a new civil code as well. The volume and
uniformity of the judicial decisions on arbitration leave little doubt
that something new is afoot that has profound implications for the
practice and the traditional character of law. The march of arbitration
continues along an ever more decided path, and the drumbeat of the
U.S. Supreme Court is ever firmer and more confident. The change
that it has brought to and still portends for the legal process is
significant and likely to be permanent. Arbitration is neither a
vestigial relic of legal history nor a peripheral specialty. It is
becoming the chief vehicle for accomplishing the ends of civil
The U.S. Supreme Court has been the instrument of change.
Its rulings have accomplished a subtle but spectacular revolution.
Despite its imperfections, the Court’s doctrine on arbitration
progressively redefined the Bill of Rights and the principle of due
process of law in American society. From 1925 and 1967 onwards,
the Court gradually rewrote the constitutional mandate for civil
justice. Throughout this transformation, the Court gave primacy to
efficient and workable justice. Although Robert Lawrence had
already conveyed an accurate reading of the eventual results, Prima
Paint provided a glimpse into the federalization of arbitration law.
The Bremen made clear that sovereign and judicial acquiescence to
party choice were instrumental to the pursuit of international
commerce and the development of transborder arbitration.
McMahon, Rodriguez, and Gilmer brought the liberal tolerance of
wide arbitral jurisdiction to bear in domestic transactions and
regulatory matters. Kaplan, Howsam, and Bazzle marginalized the
remains of the inarbitrability doctrine by giving the arbitrator greater
jurisdictional authority over arbitration agreements and ...