The Story of Arbitration Law - JAA 2003 Vol. 2, No. 2
Thomas E. Carbonneau, Professor Carbonneau is the Elsie de Renzo and Samuel P. Orlando Distinguished Professor of Law at Penn State The Dickinson School of Law. Professor Carbonneau is the
Editor-in-Chief of the World Arbitration and Mediation Report and the Executive Editor of
The Journal of American Arbitration. He has written extensively in the areas of international
litigation and business transactions and arbitration, including two textbooks on arbitration
titled CASES AND MATERIALS ON THE LAW AND PRACTICE OF ARBITRATION (rev. 3d. ed. 2003)
and A RESOURCE BOOK ON EMPLOYMENT ARBITRATION (2000).
Originally from:
Journal of American Arbitration (JAA) - Vol. 2, No. 2
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ARTICLES
The Story of Arbitration Law
By Thomas E. Carbonneau
I. INTRODUCTION
This Article focuses upon the emergence, growth, and development
of arbitration in the U.S. legal system—what is described in the title as
“The Story of Arbitration Law.” The Article will recount the tale in both
its international and domestic aspects because they constantly interface
despite their differences. It will also endeavor to assess the meaning of
arbitration for the law and the practice of law. The principal point is both
simple and straight-forward: If arbitration is to maintain its current status
and continue to develop in the U.S. legal system, the deregulatory regime
that presently applies is likely to become insufficient. It needs to be
supplemented by a process that educates and confers basic credentials
upon the participants in the process.
A program of educational certification would provide a modest but
necessary level of supervision and thereby help to maintain the integrity