By Ian R. Macneil
With an overburdened and bulky approach of court docket litigation, arbitration is turning into an more and more beautiful technique of settling disputes. executive enforcement of arbitration agreements and awards is, in spite of the fact that, rife with tensions. between them are tensions among freedom of agreement and the necessity to safeguard the vulnerable 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 U.S. Arbitration Act of 1925, and its later revolutionizing via the splendid court docket. Macneil additionally discusses how distorted perceptions of arbitration heritage in flip distort present legislations.
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Extra resources for American Arbitration Law: Reformation--Nationalization--Internationalization
39 Frances Kellor,40 a later arbitration reformer, describes the campaign: . . [Arbitration made front page headlines in the press. It went out to luncheon and to dinner; receptions were held in its honor, and forums were dedicated to its exposition. It became the subject of conference, debate, and instruction. It frequented exclusive clubs and found its way into homes, churches, schools and theatres. It passed the exclusive portals of law offices, banks, and corporation board rooms. It came out of dry law books, where only the difficulties were recorded, and found a place in general as well as special periodicals, books, and pamphlets.
Both the ouster of jurisdiction route and the "remedy-not-a-right" route evaded the Conformity Act, but without, however, adopting a position that the question was substantive and hence governed by federal general law under Swift. These routes became particularly vital when the issue concerned applicability of a state arbitration statute, rather than common law cases. 79 And the Conformity Act did not prohibit following state procedure just because it was set out in state statutes. 80 In sum, at the time with which we are now concerned, it was clear that in federal courts a general federal law governed the key arbitration questions.
35 20 Reformation of American Arbitration Law Weaknesses—Nonenforcement of Arbitration Agreements The weaknesses consisted of historical baggage, particularly on the equitable side, which handicapped arbitration agreements. 36 Such an agreement did not bar a party from breaching it and bringing a judicial action or suit on the cause giving rise to the dispute. The court would not stay such an action or suit pending arbitration. 39 And finally, American courts generally did not follow the promising route suggested by the judgments in the House of Lords in Scott v.