Excerpts of Writings on Arbitration: An Introduction and Commentary on Recent U.S. Supreme Court Cases - Chapter 11 - Carbonneau on Arbitration: Collected Essays
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.
Originally From: Carbonneau on Arbitration: Collected Essays
I. INTRODUCTION: THE RISE OF ARBITRATION
Arbitration has become the primary process for resolving civil disputes in American society and international commerce.1 It would be foolish for lawyers and clients to ignore arbitration’s new significance and its importance in the protection and vindication of legal rights. Thanks to the U.S. Supreme Court,2 arbitration now reaches standard consumer transactions and employment disputes in the same manner as it applies to disputes for the sale of goods and services between merchants. It addresses controversies arising under regulatory law—from antitrust and securities claims to civil liberty guarantees.3 Subject-matter inarbitrability and public law limits on private adjudication do not play much, if any, role in the contemporary U.S. law of arbitration. Under U.S. law, civil disputes are nearly universally arbitrable.4
Chapter 11. Excerpts of Writings on Arbitration: An Introduction and Commentary on Recent U.S. Supreme Court Cases
I. Introduction: The Rise of Arbitration
II. Presumptive Contract Validity
III. The Rule of Federal Law
IV. Unobstructed Arbitrability
V. The Imperial Federal Judicial Policy
VI. Arbitrator Impartiality and Disclosures
VII. The Golden Age
VIII. Adhesionary Arbitration
IX. Judicialization
X. The Fate of "Opt-In" Agreements
XI. The Action to Clarify Awards and the Imposition of Sanctions for Specious Litigation
XII. Commentary on Recent Cases