American Arbitration Law: by Ian R. Macneil PDF

By Ian R. Macneil

With an overburdened and bulky method of court docket litigation, arbitration is changing into an more and more appealing technique of settling disputes. govt enforcement of arbitration agreements and awards is, besides the fact that, rife with tensions. between them are tensions among freedom of agreement and the necessity to shield the susceptible or ill-informed, among the protections of judicial approach and the potency and responsiveness of extra casual justice, among the government and the states. Macneil examines the heritage of the yank arbitration legislations that bargains with those and different tensions. He analyzes the personalities and forces that lively the passing of the USA Arbitration Act of 1925, and its later revolutionizing by way of the ideally suited courtroom. Macneil additionally discusses how distorted perceptions of arbitration historical past in flip distort present legislation.

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75 The Conformity Act provided: The practice, pleadings and forms and modes of proceedings in other than equity and admiralty causes in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding. . 76 With such law governing and with the benefit of half a century of post-Erie11 hindsight, one might have expected to find by World War I a clear-cut body of federal law along one of two lines: (1) The law of arbitration and award concerns "practice, pleadings and forms and modes of proceedings," and hence, state law governs the law of arbitration on the law side of the district courts under the Conformity Act; or (2) the law of arbitration is substantive and governed by the Judiciary Act of 1789 as interpreted by Swift.

Their initial move along the second line was geographically the easiest, across the Hudson. A. committee's Uniform Act (and therefore the New York act) was submitted to the New Jersey legislature, where it passed the Assembly. 68 The following year the bill was reintroduced. 70 "Mr. Julius H. Cohen, of the New York Bar, was introduced . . to speak concerning the results achieved through the Arbitration Law of New York State, and to answer the question of Judge Skinner, regarding the success of this statute in the State of New York.

There is in all this propaganda a very substantial element of well intentioned exaggeration and there is in consequence a very real danger that the benefits which may be hoped for from this useful reform will be seriously impaired by the reaction with inevitably follows exaggerated claims for the merits of any reform however useful and desirable it may be. Arbitration is not a universal panacea for the evils of litigation. . The time has come when in the promotion of the arbitration principle we should look realities in the face.

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