Resistance - Chapter 4 - 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.
Originally from Law and Practice of Arbitration - 4th Edition
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At the outset, the U.S. Supreme Court's decisional commitment to arbitration was faint--tentative murmurings in an undercurrent that was barely discernable in the turbulent river of case rulings.1 Moreover, the barrier of subject-matter inarbitrability was firmly in place--its regulatory impact demonstrated in the sale of securities.2 Nevertheless, the Court was taking advantage of each opportunity and working steadily to build a solid foundation for the supremacy of federal arbitration law. It concluded that the winds of the Commerce Clause pushed federal diversity courts and, then, state tribunals to apply the provisions of the FAA. In fact, the federal directive on arbitration was to become a veritable force of nature--a jurisdictional whirlwind that leveled contrary provisions in other parts of the legal system.3
1. The Rise of the Federal Arbitral Policy
2. The Initial Confrontation
3. The Ninth Circuit's Disposition
4. The Due Process Calculus
5. Illustrative Examples
6. The Engima of Engalla
7. Conclusion