American Arbitration Law - Reformationnationalizationinternationalization

Klappentext 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. Zusammenfassung Although arbitration is a way of settling disputes without expensive court litigation, it carries with it a central conflict for the state. That is, if the judgments of the arbiter are not supported by the state, then they are not enforceable, and arbitration becomes unworkable. On the other hand, arbitration can frequently be manipulated to maintain inequitable relationships, and the state has legitimate reservations about surrendering or leasing its authority. In this work, Ian Macneil examines the history of the American arbitration legislation that deals with this conflict.

Dettagli sul prodotto

• Autori: Ian R. Macneil, Ian R. (Wigmore Professor of Law Macneil, Wigmore Professor of Law Ian R (Northwest Macneil, Macneil Ian R.
• Editore: Oxford University Press
• Lingue: Inglese
• Formato: Copertina rigida
• Pubblicazione: 26.11.1992
• EAN: 9780195070620
• ISBN: 978-0-19-507062-0
• Pagine: 288
• Serie: Oxford University Press
• Categorie: Saggistica > Storia > Altro; Scienze sociali, diritto, economia > Diritto > Diritto internazionale, diritto degli stranieri; USA, LAW / International, LAW / Arbitration, Negotiation, Mediation, HISTORY / United States / General, POLITICAL SCIENCE / Law Enforcement, SOCIAL SCIENCE / Human Services, LAW / Alternative Dispute Resolution, International Arbitration, United States of America, USA, Police & security services, History of the Americas, Arbitration, mediation & alternative dispute resolution, Police and security services, Arbitration, mediation and alternative dispute resolution, International law: arbitration