Principles of Arbitration Law
Authors:
Ware, Stephen J. / Levinson, Ariana R.
Edition:
1st
Copyright Date:
2017
20 chapters
have results for arbitration
Chapter 8 International Arbitration 268 results (showing 5 best matches)
- International arbitration is commonly divided into commercial arbitration and public law arbitration. Of the two, international commercial arbitration is more similar to the domestic arbitration discussed in the previous sections of this book so international commercial arbitration is discussed next, before turning to international public law arbitration. The first section on international public law arbitration distinguishes it from international commercial arbitration.
- The parties’ contract can select the seat of arbitration directly by naming it or indirectly by delegating the choice to the arbitration organization selected to administer the arbitration, such as the International Chamber of Commerce. Another such organization is the American Arbitration Association. When the AAA decides the seat (or “locale”) of arbitration, it will consider:
- What happens if the parties neither select the seat of arbitration directly nor by delegating seat-choice to an arbitration organization? If such parties cannot resolve their dispute about where to seat the arbitration they may litigate the question in national courts. However, most States’ arbitration laws deny courts the power to select an arbitral seat. Instead, most States’ arbitration laws give arbitrators and arbitration organizations the power to select an arbitral seat but these laws only apply to arbitrations already seated within that State. Accordingly, some States’ arbitration laws hold that arbitration clauses that do not specify an arbitral seat or a
- International arbitration is commonly divided into commercial arbitration and public law arbitration. Of the two, international commercial arbitration is more similar to the domestic arbitration discussed earlier in this book. Most basically, this book began by defining arbitration as private (non-government) adjudication. It said “the essence of arbitration is that it is a private-sector alternative to government courts.” This basic point applies just as broadly to international commercial arbitration as it does to domestic arbitration.
- Because the claims in public international law arbitration are generally against States, enforcement of an award arising out of such arbitration may face an obstacle not likely present in international commercial arbitration, let alone domestic arbitration: how does a party enforce an arbitration award against a State whose national courts are part of the State and thus share the State’s opposition to enforcement of the award?
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Chapter 7 Employment and Labor Arbitration 237 results (showing 5 best matches)
- Employment arbitration of those transportation workers is governed by state arbitration law. Some states treat employment arbitration agreements differently from other arbitration agreements, while many other states treat employment arbitration no differently from other arbitration. For example, employment arbitration agreements are enforceable under California law, Uniform Arbitration Act, and the Revised Uniform Arbitration Act,
- Labor arbitration is compelled by state and federal courts, and awards are also enforced and vacated by the courts. The body of law governing labor arbitration is federal common law developed under Section 301. and most often a defendant will remove a labor arbitration case to federal court, so most cases are decided by the federal courts. The United States Supreme Court is the final authority for labor arbitration law. As mentioned above in § 51, the National Labor Relations Board (NLRB) sometimes defers to labor arbitration or an arbitration award and has developed law regarding when it will defer. The sections that follow cover labor arbitration law on enforcing arbitration agreements, enforcing, or vacating an award, the relationship between statutory and contract claims, and the relationship between the NLRB and labor arbitration. The sections also describe the grievance-arbitration process and introduce the private law of arbitration, including the substance of opinions and...
- The categories of “employment law” and “labor law” carry over into the terminology of arbitration. “Employment arbitration” arises out of a contract between an employer and an individual employee, while “labor arbitration” arises out of a collective bargaining agreement between an employer and a union. Employment arbitration, both in its practice and in the law governing it, is very much within the mainstream of arbitration. In contrast, labor arbitration is practiced quite differently from other arbitration and is governed by its own unique set of laws.
- Arbitrability is the question of whether a dispute should be submitted to arbitration for determination or not. Because labor arbitration is contractual, the issue is focused on whether the dispute is covered by the CBA and falls within the coverage of the arbitration provision. Courts, following the premise of the As discussed in § 30, substantive arbitrability, also termed “contractual arbitrability,” focuses on the determination of whether the arbitration clause encompasses the dispute, whereas procedural arbitrability focuses on whether procedures provided for in the arbitration provision have been followed. Thus, the arbitrator, rather than the courts, generally decides whether or not an arbitration is barred by the failure to comply with grievance time limits or other procedural requirements in the grievance-arbitration process. This division of substantive and procedural arbitrability is analogous to that in the commercial arbitration process, discussed in depth in § 21(c).
- To defer an unfair labor practice charge to arbitration, the NLRB must determine that the grievance-arbitration process is capable of effectively resolving the dispute. The NLRB, thus, imposes five requirements before deferring to arbitration. 1) The employer must be willing to submit the dispute to arbitration. 2) There must be no evidence of the employer’s “hostility towards” employees’ Section 7 rights. 3) The parties must have a stable bargaining relationship. 4) The arbitration clause of the CBA covers the dispute. 5) Collective bargaining must be suitable to resolving the dispute.
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Chapter 5 Terms of Arbitration Agreements 219 results (showing 5 best matches)
- interpreting arbitration agreement silence on class arbitration as a prohibition of it, both silent clauses and clauses expressly prohibiting class arbitration raise the same question: whether parties can use arbitration agreements to prevent all class actions, both litigation or arbitration. For many years, arbitration agreements’ “class waivers” split state and lower federal courts. Some courts enforced arbitration agreements precluding both litigation and classwide arbitration, thus leaving only individual arbitration to resolve the claims,
- The previous chapter (sections 19–28) discussed the formation of arbitration agreements. This chapter (sections 29–38) discusses the terms of arbitration agreements. Just as contract law generally allows parties to choose the terms of their contracts, arbitration law generally allows parties to choose the terms of their arbitration agreements. The “FAA lets parties tailor some, even many features of arbitration by contract, including the way arbitrators are chosen, what their qualifications should be, which issues are arbitrable, along with procedure and choice of substantive law.” But just as freedom of contract is not absolute outside the arbitration context, it is not absolute with respect to arbitration agreements either. Parties have wide, but not unlimited, latitude with the terms of their arbitration agreements.
- In contrast, the FAA sends disputes about an arbitration agreement’s scope (contractual arbitrability) to courts, rather than to arbitrators. In the United States, a court will interpret the arbitration agreement between Buyer and Seller. If the court interprets the arbitration clause to cover Buyer’s antitrust claim, then the court will grant Seller’s motion and send the claim to arbitration. If the court finds that the arbitration clause does not cover Buyer’s antitrust claim, the court will deny Seller’s motion. This approach follows from FAA § 3, which provides:
- If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending,
- § 3 requires the court to satisfy itself that the issue involved in the suit is covered by the arbitration agreement before compelling arbitration. While the FAA is not the primary law governing labor arbitration, the rule that courts, rather than arbitrators, resolve contractual arbitrability disputes applies to labor arbitration, too.
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Chapter 2 Sources of Contemporary American Arbitration Law 40 results (showing 5 best matches)
- The Federal Arbitration Act (“FAA”) is by far the most important source of arbitration law in the United States. There are other sources of federal arbitration law but they govern only specific types of arbitration, such as labor arbitration and international arbitration. State arbitration law is much less important than the FAA because the FAA has a broad reach and preempts conflicting state law.
- Alternatively, suppose that Seller asserted a claim against Buyer in arbitration but Buyer simply refused to participate in arbitration. Prior to the FAA, Seller could not get a court order compelling Buyer to participate in arbitration. If Seller wanted to pursue its claim against Buyer, Seller would have to do so in litigation. Seller would have no meaningful remedy for Buyer’s breach of the arbitration agreement. Buyer could breach its arbitration agreement with impunity.
- If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.
- The FAA, UAA, and RUAA are not a complete statement of all the law governing arbitration. In other words, lots of non-arbitration law applies to arbitration. Most of this non-arbitration law is state common law. The common law of contracts is especially important to arbitration. Much of arbitration law is basically an application of general contract law to a particular sort of contract, the arbitration agreement.
- A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court * * * for an order directing that such arbitration proceed in the manner provided for in such agreement * * * . The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement * * * .
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Chapter 4 Formation of Enforceable Arbitration Agreements 175 results (showing 5 best matches)
- Consider domestic United States arbitration (as opposed to international arbitration) prior to the 1980’s. Nearly all domestic arbitration occurred in two contexts: (1) labor disputes and (2) disputes among businesses. With arbitration limited to these contexts, the sorts of issues resolved in arbitration were also generally limited. Arbitration was usually limited to contract issues. Disputes in the labor context focus on alleged breaches of collective bargaining agreements, and disputes among businesses also tend to revolve around contract interpretation and performance. Prior to the 1980’s, arbitration seemed largely confined to contract claims and little attention was given to the arbitration of non-contract claims. Then the Supreme Court revolutionized arbitration law.
- § 4 says that the court shall not order the parties to arbitration if “the making
- held that there would be no trial on the question of whether the parties made an arbitration agreement because Prima Paint alleged fraud in the inducement
- arbitration clauses as a matter of federal law are “separable” from the contracts in which they are embedded, and that where no claim is made that fraud was directed to the arbitration clause itself, a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud.
- In some cases, the document containing the arbitration clause was never signed by all of the parties and the issue is whether the non-signing parties manifested assent to the arbitration clause by performing the contract. If the arbitration clause appears on a “stuffer” mailed with a monthly bank statement or credit card bill, for example, the question is whether the customer’s continued use of the bank account or credit card constitutes assent to the arbitration clause. A similar issue arises when an insurance policy contains an arbitration clause and the policyholder performs by paying for the insurance, rather than canceling it. are delivered with documents that purport to be a contract containing terms including an arbitration clause. Finally, the issue of assent by performance occurs when an employer presents an employee with an employee handbook containing an arbitration clause and the question is whether the employee’s continued performance of the job constitutes assent to the
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Chapter 1 What Is Arbitration 26 results (showing 5 best matches)
- Non-contractual, yet binding, arbitration is discussed as part of labor arbitration in sections 56 and 61, and as explicitly non-contractual at the end of this book, under the heading “Processes Similar to Arbitration.” Otherwise, the term “arbitration” is used throughout this book to mean “contractual arbitration.”
- A dispute goes to arbitration only when the parties have contracted to send it there. Sometimes parties with an existing dispute contract to send that dispute to arbitration. Such arbitration agreements (or “submission agreements”) are relatively rare and non-controversial. arbitration agreements. These are contracts containing a clause providing that, if a dispute arises, the parties will resolve that dispute in arbitration rather than in court. These arbitration clauses typically are written broadly to cover any dispute the parties’ transaction might produce, but also can be written more narrowly to cover just some potential disputes. Arbitration clauses
- a dispute goes to arbitration, the contract also determines during arbitration. arbitration involves the presentation of evidence and argument to the adjudicator. The presentation of evidence and argument in is governed by rules of procedure and evidence enacted by government. In contrast, the rules of procedure and evidence in arbitration are, with few exceptions, whatever the contract says they are. Arbitration agreements commonly provide for less discovery and motion practice than is typical of litigation and commonly provide for fewer rules of evidence than are typical in litigation. But the parties are free to draft their agreement almost any way they like. Arbitration privatizes procedural law by largely allowing parties to create their own customized rules of procedure and evidence. In short, arbitration is a creature of contract.
- Arbitration agreements typically provide that the arbitrator’s decision (or “award”) will be final and binding. Once an arbitrator renders an award, either party may obtain court enforcement of that award. Judicial enforcement may not be needed because losing parties often comply with arbitration awards. Nevertheless, the winning party can get a court order the arbitration award; confirmation converts the award into a judgment of the court. A confirmed arbitration award in favor of the plaintiff (or “claimant”) is enforced in the same manner as other court judgments: through orders to turn over property, judgment liens, writs of execution, garnishment, etc. Arbitration awards also are enforced through the preclusion of court actions. An arbitration award in favor of the defendant (or “respondent”) precludes the plaintiff from litigating the claim that was already resolved in arbitration.
- In the case of most contracts containing pre-dispute arbitration clauses, like most contracts generally, the parties never have any dispute. If the parties do have a dispute, however, the arbitration clause likely will be enforceable, so a party who would rather litigate than arbitrate will nevertheless have to perform its agreement to arbitrate. If, for example, Seller sues Buyer despite an arbitration agreement between them, Buyer can get a court to stay or dismiss Seller’s lawsuit. As a result of the court’s order, Seller’s only forum to pursue its claim is arbitration. Another possibility is that Seller asserts a claim against Buyer in arbitration but Buyer simply refuses to participate in arbitration. Seller can get a court order compelling Buyer to participate.
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Appendix B New York Convention 8 results (showing 5 best matches)
- The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
- Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration.
- The term “agreement in writing” shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.
- within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
- The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or
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Chapter 9 Processes Similar to Arbitration 38 results (showing 5 best matches)
- The Third Circuit pointed out that arbitration’s “[c]onfidentiality is a natural outgrowth of the status of arbitrations as private alternatives to government-sponsored proceedings.” By contrast, “Delaware’s government-sponsored arbitrations * * * differ fundamentally from other arbitrations because they are conducted before active judges in a courthouse.” In sum, while arbitration can be highly confidential because it is non-governmental adjudication, a government court—even if it calls itself “arbitration”—is subject to a constitutional right of public access.
- Arbitration is a creature of contract. Not only does the parties’ contract determine a dispute goes to arbitration, the contract also largely determines during arbitration. Parties to arbitration agreements generally have the freedom of contract to determine the identity of the arbitrator(s), the rules of procedure and evidence, and the secrecy of the proceedings. Judicial enforcement of arbitration awards is contractual in its rationale. The parties agreed to comply with the arbitrator’s decision and if the losing party
- There are two types of arbitration, contractual and non-contractual. In contrast, the parties to non-contractual arbitration have rarely waived the right to a jury trial. Therefore, non-contractual arbitration generally must be non-binding to avoid violating this right. Non-binding arbitration has less in common with arbitration than it does with mediation and other processes in aid of negotiation. Accordingly, non-binding arbitration is discussed, not in this book, but in a companion book.
- Some state and local government employees are covered by grievance arbitration systems similar to those found in the private sector. What stands out about arbitration in the context of state and local employees, however, is the prevalence of interest arbitration. Interest arbitration is often used to determine the terms of employment for public school teachers, police, firefighters, etc. Such government employees:
- Such arbitration is not so much the application of law to resolve a dispute as it is quasi-legislative policymaking, requiring consideration of government spending and taxation priorities. additional discussion of interest arbitration and public sector labor arbitration see Sections 60 and 61.
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Chapter 6 Enforcement and Vacatur of Arbitration Awards 125 results (showing 5 best matches)
- The doctrine of issue preclusion bars adjudication of issues that have been decided in a prior case. The doctrine of issue preclusion can apply if that prior case was an arbitration, from arbitration awards is a matter of judicial discretion, and is applied less in labor arbitration than in other arbitration.
- as substantiating a national policy favoring arbitration with just the limited review needed to maintain arbitration’s essential virtue of resolving disputes straightaway. Any other reading opens the door to the full-bore legal and evidentiary appeals that can render informal arbitration merely a prelude to a more cumbersome and time-consuming judicial review process and bring arbitration theory to grief in post-arbitration process.
- § 10(a)(4)’s “exceeded powers” ground for vacatur relates to the “contractual arbitrability” or “scope of arbitration agreement” topic discussed earlier. As explained there, if a party seeks to litigate rather than arbitrate a particular claim, the court will send that claim to arbitration only if the parties agreed to arbitrate that claim. That the parties agreed to arbitrate claim. This point about the enforcement of executory arbitration agreements has its counterpart with respect to enforcement of arbitration awards. Courts will enforce an arbitrator’s award on a claim only if the parties agreed to arbitrate that claim. That the parties agreed to arbitrate claim. If the parties used a broad arbitration agreement, such as one covering all disputes “relating to” the parties’ relationship, then the arbitrator likely had the power to rule on all claims between the parties. But when parties use narrower arbitration agreements, the possibility arises of an arbitration award that...
- as substantiating a national policy favoring arbitration with just the limited review needed to maintain arbitration’s essential virtue of resolving disputes straightaway. Any other reading opens the door to the full-bore legal and evidentiary appeals that can render informal arbitration merely a prelude to a more cumbersome and time-consuming judicial review process and bring arbitration theory to grief in post-arbitration process.
- arbitration agreements than pre-dispute arbitration agreements, see § 3, because a post-dispute agreement clearly submits a particular dispute to arbitration, while the parties to a pre-dispute agreement probably hope at the time of the agreement that they will not have a dispute at all, let alone one requiring arbitration. Prior to the FAA, pre-dispute arbitration agreements were generally not enforceable so presumably a higher percentage of arbitration in that era than today arose out of post-dispute “submission” agreements.
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Appendix A Federal Arbitration Act 33 results (showing 5 best matches)
- If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.
- A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under Title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. Five days’ notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure. The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. The hearing and proceedings, under such agreement, shall be...
- The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.
- An action or proceeding over which the district courts have jurisdiction pursuant to section 203 of this title may be brought in any such court in which save for the arbitration agreement an action or proceeding with respect to the controversy between the parties could be brought, or in such court for the district and division which embraces the place designated in the agreement as the place of arbitration if such place is within the United States.
- Within three years after an arbitral award falling under the Convention is made, any party to the arbitration may apply to any court having jurisdiction under this chapter for an order confirming the award as against any other party to the arbitration. The court shall confirm the award unless it finds one of the grounds for refusal
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Preface 1 result
- Arbitration law has a long history. Even “modern” arbitration statutes like the Federal Arbitration Act are now nearly a century old. And the last few decades have witnessed the growth of a large body of legal doctrine—from statutes, judicial decisions, and other sources—focused on arbitration. This book is written with the goal of providing a clear and reliable summary of that body of law, so this book should be useful to lawyers and scholars researching arbitration law and to students learning about arbitration.
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Chapter 3 FAA Preemption of State Law 94 results (showing 5 best matches)
- Many states prohibit enforcement of arbitration agreements in certain types of transactions, such as consumer contracts, adhesion contracts, insurance contracts, or employment contracts. These transaction-focused anti-arbitration laws differ from the claim-focused anti-arbitration laws discussed in the previous section. For example, a breach of contract claim might arise out of a consumer transaction and a tort claim might arise out of a transaction between businesses. An anti-arbitration law focused on consumer transactions would apply to the first example but not the second, while an anti-arbitration law focused on tort claims would apply to the second example but not the first. However, like claim-focused anti-arbitration laws, state laws prohibiting enforcement of arbitration agreements in certain types of transactions are (with the possible exceptions of those relating to insurance ...a ground for denying enforcement of certain arbitration agreements that is not a ground “...
- States may apply to arbitration agreements this generally-applicable contract law regarding assent without risking FAA preemption. Because this sort of law applies to all contracts, states may apply it to arbitration agreements while remaining faithful to the FAA’s goal of placing arbitration agreements “upon the same footing as other contracts.” Indeed, states would be unfaithful to this goal if they applied a lower standard of assent to arbitration agreements than to other contracts. Conversely, states may not apply a higher standard of assent to arbitration agreements than to other contracts.
- While the previous paragraph discussed Alabama case law declaring that pre-dispute arbitration agreements are void, Alabama also has a statute that goes not quite as far in the anti-arbitration direction. This statute prohibits courts from enforcing arbitration agreements with the remedy of specific performance, that is, orders to arbitrate. Justice Thomas’s dissent pointed out that this statute does not, by its terms, make arbitration agreements unenforceable but merely limits the remedies courts can use in enforcing arbitration agreements. For example, the Alabama statute permits courts to award money damages for breach of an arbitration agreement. Therefore, Justice Thomas concluded, the Alabama statute does not conflict with the FAA’s requirement that arbitration agreements be “valid, irrevocable and enforceable.”
- States could easily nullify this federal command if the Supreme Court did not police state courts’ creative interpretation of arbitration agreements. Suppose that Alabama courts interpreted every arbitration agreement before them as embodying the parties’ choice to be governed by Alabama arbitration law, rather than the FAA. Alabama law holds that pre-dispute arbitration agreements are void. So if Alabama courts interpreted all arbitration agreements before them as embodying the parties’ choice to be governed by Alabama law, then the FAA’s primary command—that arbitration agreements be enforced—would not apply in Alabama courts. By ruling on contract interpretation, ordinarily a matter of state law, Alabama courts would effectively nullify a federal statute.
- . Alabama arbitration law is diametrically opposed to the FAA, while California arbitration law is fairly similar to the FAA. California arbitration law is generally supportive of arbitration and enforcement of arbitration agreements. expressly noted that California arbitration law is “manifestly designed to encourage resort to the arbitral process.”
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Summary of Contents 22 results (showing 5 best matches)
Acknowledgments 3 results
- American Arbitration Association, Commercial Arbitration Rules, R– 13(b), 17, 18 (2013). Reprinted with permission.
- Gary B. Born, International Commercial Arbitration (2009), reprinted with permission of author
- Margaret L. Moses, The Principles and Practice of International Commercial Arbitration (2008), with permission of Cambridge University Press.
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Table of Contents 62 results (showing 5 best matches)
- § 2Contractual Arbitration and Non-Contractual Arbitration; Constitutional Right to Jury Trial
- 6.Types of Labor Arbitration Other than Private SectorGrievance Arbitration
- § 62Introduction: Commercial Arbitration and PublicLaw Arbitration
- (2)The Choice of National Arbitration Law:The “Seat” of Arbitration
- § 76Public International Arbitration Tribunals Arisingout of Post-Dispute Arbitration Agreements
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Note to Teachers 8 results (showing 5 best matches)
- The Center for American and International Law, Arbitral Advocacy, Mock Arbitration Proceedings and Commentary,
- In addition to serving as the primary text for arbitration courses that emphasize role-playing exercises, this Hornbook can also serve as the primary text for arbitration seminars. In a seminar course, students generally read scholarly articles and write their own substantial papers. Before venturing into a field of scholarship, students generally need a solid foundation in the field’s central concepts and legal doctrines. This book provides that foundation with only a limited amount of reading, thus enabling students to devote substantial time to the seminar’s more-advanced work of reading scholarly articles and writing original papers.
- This Hornbook is designed to be used as the primary or secondary text in a law school course. In the United States, casebooks, rather than Hornbooks or other treatises, are the primary texts in most law school courses, and casebooks work well at the center of law school courses that emphasize Socratic dialog and “thinking like a lawyer.” By contrast, many teachers of dispute-resolution, including arbitration, design their courses to develop a wider array of practice skills, generally through the use of role-playing exercises. We believe this Hornbook is especially well-suited to be the primary text for such courses. Because this book is clear and concise, students reading it can quickly gain a solid understanding of arbitration’s central concepts and legal doctrines. This efficient use of time enables the teacher to devote many class sessions to role-playing exercises, and discussion of them. Excellent role-playing exercises are available from several sources, including:
- Employment Law Arbitration Exercises, developed by Gary Spitko, Santa Clara University School of Law, gspitko@gmail.com
- Also helpful in teaching practice skills is viewing others engage in arbitration hearings and processes. As with role-playing exercises, excellent videos are available from several sources, including:
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Table of Cases 4 results
- Arbitration between Lemoine Skinner III v. Donaldson, Lufkin & Jenrette, 115
- Arbitration Between Trans Chemical Ltd. and China Nat. Machinery Import and China National Machinery Import and Export Corp., Matter of, 247
- The Florida Bar Re: Advisory Opinion on Nonlawyer Representation in Securities Arbitration, 123
- Thomson-CSF, S.A. v. American Arbitration Ass’n, 56, 98
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Index 60 results (showing 5 best matches)
- Publication Date: July 6th, 2017
- ISBN: 9781683285687
- Subject: Dispute Resolution
- Series: Concise Hornbook Series
- Type: Hornbook Treatises
-
Description:
The Concise Hornbook Principles of Arbitration Law is an authoritative and extensively cited treatise on arbitration. It thoroughly discusses general arbitration law—from federal preemption of state law to the formation, performance, and enforcement of arbitration agreements—and provides in-depth coverage of specialized law governing international arbitration and labor arbitration. The last few decades have witnessed the growth of a large body of legal doctrine—from statutes, judicial decisions, and other sources—focused on arbitration. This Concise Hornbook summarizes that body of law, so should be useful to lawyers and scholars researching arbitration law and to students learning about arbitration.
This Concise Hornbook is designed to be used as the primary or secondary text in a law school course. Many teachers of arbitration design their courses to develop a wide array of practice skills, generally through the use of role-playing exercises. Because this book is clear and concise, students reading it can quickly gain a solid understanding of arbitration’s central concepts and legal doctrines. This efficient use of time enables the teacher to devote many class sessions to role-playing exercises, and discussion of them. This Concise Hornbook can also serve as the primary text for arbitration seminars. Before venturing into a field of scholarship, students generally need a solid foundation in the field’s central concepts and legal doctrines. This book provides that foundation with only a limited amount of reading, thus enabling students to devote substantial time to the seminar’s more-advanced work of reading scholarly articles and writing original papers.
