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详细
The Law and Practice of United States Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It describes the federalization of the law and growing judicial objections to the use of adhesive arbitration agreements in the consumer context. A special edition of The Law and Practice of Arbitration was adapted and issued as Volume 31 of Moore's Federal Practice, one of the nation's leading treatises on federal courts and procedure. Moore's Federal Practice, published by LexisNexis, is one of the most cited texts in the legal world with over 50,000 citing opinions since it was first published in 1938.
The Seventh Edition of Law and Practice of United States Arbitration brings the existing material completely up-to-date and takes into account and provides thorough commentary on SCOTUS’ latest decisions. It provides a unique perspective into the value of arbitration for American society, the American legal system, and global commerce. Although the attachment to political convictions has mired arbitration into an unproductive debate in adhesive arbitration, that aspect of the use of arbitration has nothing to do with its larger mission. Arbitration is unique in the experience of American law because it actually works and achieves its aims. It is imbued in the Western democratic tradition and in that sense may be a difficult fit in other regions of the world. Finally, the support from national High Courts for arbitration is a vital part of the success of the process. Arbitration in the United States, England, and France would not have progressed and developed so well without the unqualified support of the judiciary.
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Introduction
Chapter One: Initial Considerations
Chapter Two: The FAA
Chapter Three: Objections to the Federal Policy on Arbitration and Arbitrability
Chapter Four: Contract Freedom, Federalism, and Statutory Arbitrability
Chapter Five: Adhesive Arbitration
Chapter Six: Award Enforcement
Chapter Seven: A Snapshot of International Commercial Arbitration Under U.S. Law
Concluding Observations
Table of Cases
Index
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Thomas E. Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State Law and Director of the Institute of Arbitration Law and Practice. Professor Carbonneau is commonly regarded as one of the world's leading experts on domestic and international arbitration.
Professor Carbonneau has written more than fifteen books and hundred scholarly articles and has served on the editorial board of La Revue D'Arbitrage. He was previously a faculty member at the Tulane University School of Law for more than twenty years, where he held the Moise S. Steeg, Jr. professorship. He has directed summer programs on arbitration at various universities, including McGill University in Quebec, Canada, and Queen Mary University in London.
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"Most works on arbitration deal only with the nuts-and-bolts; others adopt an entirely theoretical approach. Carbonneau's book offers all the perspectives one could want -- historical, analytical, jurisprudential and practical -- all the while viewing arbitration in its full range of substantive contexts. This completeness makes the book invaluable."
--George A. Bermann, Monnet Professor of European Union Law, Columbia University School of Law. Member, Board of Directors, American Arbitration Association (AAA), Reporter, American Law Institute (ALI), Restatement Third, The U.S. Law of International Commercial Arbitration
"This superb tour d'horizon masterfully brings together the disparate elements of arbitration law and practice. A must for every lawyer and law library."
--William W. Park, Professor of Law, Boston University: Of Counsel, Ropes & Gray, Boston; former President, London Court of International Arbitration (LCIA)
"A wonderful tool to explore international arbitration issues."
--Emmanuel Gaillard is Partner and Chair of Shearman & Sterling's international arbitration practice group. He is acknowledged as one of the world's leading experts on international arbitration.
"The book is a wonderful blend of case law, commentary, the author's own experience, and theoretical considerations about the nature and role of arbitration. It provides a unique comparative perspective."
--Clark J. Freshman, Professor, University of Miami School of Law
"An excellent book on the topic of arbitration, destined to become a passage oblige for non-U.S. lawyers wishing to know about the law and practice of arbitration in the United States. The discussion on foreign and transnational law will be of great use to anyone interested in international commercial arbitration."
--Frederic Bachand, Judge, Court of Appeal of Quebec, former Professor, McGill University, Member, Canadian Commercial Arbitration Centre
"Professor Carbonneau's book is a necessary reference for practitioners and others interested in arbitration. The author conveys an accurate and comprehensive view of the core issues and debates that have emerged in the field. Carbonneau, in fact, supplies one of the most convincing and well articulated accounts of the law of arbitration. He focuses on both the domestic and international dimensions of the arbitral process and provides a persuasive description of their overlap and distinction. The chapter on international commercial arbitration is the best treatment of the topic I have seen. This volume will set the standard in the field."
--Philip J. McConnaughay, Dean and Donald J. Farage Professor of Law, Penn State University, The Dickinson School of Law; Former Partner, International Arbitration Group, Morrison & Foerster LLP, Tokyo and Hong Kong
