Download e-book for iPad: American Arbitration Law: by Ian R. Macneil

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By Ian R. Macneil

ISBN-10: 0195070623

ISBN-13: 9780195070620

ISBN-10: 1423764560

ISBN-13: 9781423764564

With an overburdened and bulky procedure of courtroom litigation, arbitration is turning into an more and more appealing technique of settling disputes. executive enforcement of arbitration agreements and awards is, even though, rife with tensions. between them are tensions among freedom of agreement and the necessity to guard 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 historical past of the yank arbitration legislation that offers with those and different tensions. He analyzes the personalities and forces that lively the passing of the us Arbitration Act of 1925, and its later revolutionizing by way of the perfect courtroom. Macneil additionally discusses how distorted perceptions of arbitration background in flip distort present legislation.

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Avery,15 which allowed parties effectively to agree that arbitration would be a condition precedent to the bringing of an action for breach of the contract containing the arbitration clause. 16 Respecting the English statutory law, the reformers were in a bit of a quandary. Their basic position was that the common law courts, first the English and then the American, had simply erred in their understanding of the common law. 17 Under this view of the English law, legislation was unnecessary to accomplish the main legal goal of the reformers.

Co. Y. 1914)13 of Judge Charles M. Hough, who carefully picked apart all the reasons advanced for judicial refusals to give effect to executory arbitration agreements, found each totally without merit, then concluded that he was bound by Supreme Court precedent to refuse to stay the suits pending arbitration. A final source of the reform movement was English law,14 both judge-made and statutory. The lodestar of the former was the House of Lords decision in Scott v. Avery,15 which allowed parties effectively to agree that arbitration would be a condition precedent to the bringing of an action for breach of the contract containing the arbitration clause.

41 The state bar committee and the Chamber of Commerce committee commenced to work increasingly closely. By 1917 their efforts were those of cooperative riders of a bicycle built for two. The state bar committee in 1917 presented to the bar association the Chamber of Commerce Rules for the Prevention of Unnecessary Litigation. "43 There was also increasing emphasis on the problem of revocability and future disputes. "44 In addition, the reformers took to print, the most ambitious contribution being provided in 1918 by Julius Henry Cohen when his book, Commercial Arbitration and the Law, was published by the well-known house of D.

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American Arbitration Law: Reformation--Nationalization--Internationalization by Ian R. Macneil


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