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With an overburdened and cumbersome system of court litigation, arbitration is becoming an increasingly attractive means of settling disputes. Government enforcement of arbitration agreements and awards is, however, rife with tensions. Among them are tensions between freedom of contract and the need to protect the weak or ill-informed, between the protections of judicial process and the efficiency and responsiveness of more informal justice, between the federal government and the states. Macneil examines the history of the American arbitration law that deals with these and other tensions. He analyzes the personalities and forces that animated the passing of the United States Arbitration Act of 1925, and its later revolutionizing by the Supreme Court. Macneil also discusses how distorted perceptions of arbitration history in turn distort current law.
This book investigates the historical evolution and underlying tensions of American arbitration law, specifically focusing on the transition from private contract enforcement to a nationalized and internationalized legal framework. Ian R. Macneil, a noted legal scholar, utilizes historical analysis and legislative records to examine the forces that shaped the United States Arbitration Act of 1925. He argues that current legal interpretations are often hampered by distorted perceptions of the law's origins and the specific motivations of its early proponents. The work provides a critical examination of how the Supreme Court transformed the landscape of dispute resolution through its interpretation of federal and state authority.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the historical development of arbitration in the United States. Readers often note the academic density of the prose, which provides a rigorous examination of the intersection between contract law and judicial policy.
Page Count:
288
Publication Date:
1992-09-24
Publisher:
Oxford University Press
ISBN-10:
0195070623
ISBN-13:
9780195070620
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