Thomas E. Carbonneau holds the Samuel P. Orlando Distinguished Professorship at Penn State Law and directs The Penn State Institute on Arbitration Law and Practice. In his thirty-year career in law teaching, he has taught law and arbitration at Tulane University, Fordham, McGill, University of Denver, Hamline Dispute Resolution Institute, and University of California at Davis. He is a former Editor-in-Chief of the World Arbitration and Mediation Report and is the author of nearly twenty books and numerous articles on law and arbitration. He is the faculty adviser for the Penn State Yearbook on Arbitration and Mediation and its Vis Moot Court team.
My subject is arbitration. I explore how its re-emergence during the last forty years1 has revolutionized the thinking about, and the practice of, law. The development of a “strong federal policy favoring arbitration”2 cast aside traditional acceptations about law and adjudication.3 The rule of law—the human civilization associated with law and the legal process—has been profoundly, perhaps irretrievably, altered by the rise of arbitration.
Table of Contents:
Chapter 1. The Revolution in Law through Arbitration
I. Introduction II. Historical Antecedents III. The FAA IV. The Post-Erie FAA V. The Impact of Collective Bargaining Agreement Arbitration VI. The Influence of Transborder Arbitration VII. The New Forms of Arbitration VIII. Arbitrator Sovereignty IX. The Legitimacy of the Federal Policy on Arbitration X. Evaluating the Federal Policy XI. Conclusions