By Ian R. Macneil
With an overburdened and bulky procedure of court docket litigation, arbitration is turning into an more and more appealing technique of settling disputes. executive enforcement of arbitration agreements and awards is, despite the fact that, 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 strategy and the potency and responsiveness of extra casual justice, among the government and the states. Macneil examines the historical past of the yankee arbitration legislation that offers 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 through the excellent court docket. Macneil additionally discusses how distorted perceptions of arbitration heritage in flip distort present legislations.
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Additional info for American Arbitration Law: Reformation--Nationalization--Internationalization
It flung a challenge of self-regulation to private enterprise. It opened the eyes of lawyers to a new practice in arbitration tribunals. It envisioned the dawn of a new profession by starting a panel of arbitrators and beginning their education. It brought arbitration to the people in a simple yet dramatic way and stimulated their faith in this age-old method of solving differences and maintaining friendships. 45 40 Reformation of American Arbitration Law Rivalry Meanwhile, in 1925 the Chamber of Commerce of the State of New York had founded the American Arbitration Foundation, with Charles L.
V. Trinidad Lake Pet. Co. Y. 68 The arbitration contract in Asphalt Refining was governed by the law of England, which provided by statute for stays of suits brought in violation of arbitration agree- Before the Enlightenment 23 ments. In refusing the stay, the court cited Mitchell v. Dougherty (3d Cir. 1898)69 and Jefferson Fire Ins. Co. v. Bierce & Sage, Inc. D. Mich. 1910)70 and held that it was not bound by the law of New York because the question in issue was governed by general federal law, not state law.
1920 New York Before Reform To assess what the reformers achieved in New York, one must examine what was there before the 1920 act. 15 What, then, did the 1920 act do? 16 Similarly, validity, enforceability, and irrevocability were conferred on submissions of existing controversies complying with the Code of Civil Procedure. 19 It applied not only to submissions made 36 Reformation of American Arbitration Law as prescribed in the new law, but to others as well,20 presumably informal writings (respecting existing controversies) and possibly oral submissions.
American Arbitration Law: Reformation--Nationalization--Internationalization by Ian R. Macneil