Carbonneau on Arbitration: Collected Essays
A companion to Carbonneau on International Arbitration: Collected Essays, the essays in this volume represent the majority of the author's scholarly writings on the topic of U.S. arbitration law. They reflect his three decades of experience as a law professor and as the Editor-in-Chief of the World Arbitration & Mediation Report (renamed Review) and the Journal of American Arbitration. Each one tackles an aspect of the debate about the role of arbitral adjudication in contemporary American society and provides an assessment of the evolution and content of the U.S. law of arbitration. In particular, Carbonneau on Arbitration: Collected Essays examines the work of the U.S. Supreme Court in arbitration and provides a critical, but balanced, assessment of that decisional law. The chapters of this volume represent the majority of the author's scholarly writings on international commercial arbitration over thirty years. The chapters address various major issues and themes of transborder arbitration law, including (1) the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration, (2) arbitration as a complete legal system, (3) the increasing use of arbitration to resolve political or mixed political and commercial disputes, and (4) the “judicialization” of arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, these essays are of continuing interest to practitioners in and scholars of the field.
PDF of Title Page and T.O.C.
SUMMARY TABLE OF CONTENTS
Table of Contents
Preface
Acknowledgements
About the Author
PART I: GENERAL PERSPECTIVES
Chapter 1. The Revolution in Law through Arbitration
Chapter 2. The Story of Arbitration Law
Chapter 3. The Reception of Arbitration in United States Law
PART II: CRITICAL THEMES
Chapter 4. At the Crossroads of Legitimacy and Arbitral Autonomy
Chapter 5. Beyond Trilogies: A New Bill of Rights and Law Practice through Arbitration
Chapter 6. Arbitral Justice: The Demise of Due Process in American Law
PART III: ASSESSING THE PROCESS
Chapter 7. Arguments in Favor of the Triumph of Arbitration
Chapter 8. Commentary on Developments in U.S. Arbitration Law
PART IV: REFORMING THE PROCESS
Chapter 9. Arbitration and the U.S. Supreme Court: A Plea for Statutory Reform
Chapter 10. “Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress
PART V: LANDMARK CASES
Chapter 11. Excerpts of Writings on Arbitration: An Introduction and Commentary on Recent U.S. Supreme Court Cases
Chapter 12. Hall Street Associates, LLC v. Mattel, Inc.: A New Englander’s Tale of Statutory Supremacy in Arbitration Law
Index
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.
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.
PDF of Title Page and T.O.C.
SUMMARY TABLE OF CONTENTS
Table of Contents
Preface
Acknowledgements
About the Author
PART I: GENERAL PERSPECTIVES
Chapter 1. The Revolution in Law through Arbitration
Chapter 2. The Story of Arbitration Law
Chapter 3. The Reception of Arbitration in United States Law
PART II: CRITICAL THEMES
Chapter 4. At the Crossroads of Legitimacy and Arbitral Autonomy
Chapter 5. Beyond Trilogies: A New Bill of Rights and Law Practice through Arbitration
Chapter 6. Arbitral Justice: The Demise of Due Process in American Law
PART III: ASSESSING THE PROCESS
Chapter 7. Arguments in Favor of the Triumph of Arbitration
Chapter 8. Commentary on Developments in U.S. Arbitration Law
PART IV: REFORMING THE PROCESS
Chapter 9. Arbitration and the U.S. Supreme Court: A Plea for Statutory Reform
Chapter 10. “Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress
PART V: LANDMARK CASES
Chapter 11. Excerpts of Writings on Arbitration: An Introduction and Commentary on Recent U.S. Supreme Court Cases
Chapter 12. Hall Street Associates, LLC v. Mattel, Inc.: A New Englander’s Tale of Statutory Supremacy in Arbitration Law
Index