American Arbitration Law: by Ian R. Macneil

By Ian R. Macneil

With an overburdened and bulky procedure of courtroom litigation, arbitration is turning into an more and more beautiful 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 defend the susceptible or ill-informed, among the protections of judicial method and the potency and responsiveness of extra casual justice, among the government and the states. Macneil examines the heritage of the yank 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 by way of the very best court docket. Macneil additionally discusses how distorted perceptions of arbitration historical past in flip distort present legislation.

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35 We must be careful here. Little of public record is available concerning this period. And it is speculative to draw inferences about the period from later expressions. One can, of course, see shifts during the early period, such as the change of name of the state bar committee in January 1917 from the Committee on the Prevention of Unnecessary Litigation to the Committee on Arbitration,36 but what these changes may have signified is no longer clear, if it ever was. Nonetheless, Charles Bernheimer's 1923 summary of the purposes of the proposed United States Arbitration Act probably provides some idea of the reformers' views in the earlier period: a.

First, we can begin to infer such an intention from some of the roots out of which the movement seems to have sprung. "29 The earliest clear statement I have found among the reformers30 is written in 1918 as if Cohen had believed in this principle for a long time. Also, as will be seen, this is the theme on which the reformers have focused ever since. "33 Although these included two or three pages on arbitration, the bulk of these "rules" was taken up with Prevention of Litigation at the Source (fourteen pages) relating to a wide range of matters,34 much of it devoted to what Professor Louis M.

78 Another thing that seems clear is that some of the New York reformers played a promotional role relating to the act Massachusetts enacted in 1925. From the subsequent interchange between Cohen and O'Connell, it seems most likely that it was Judge Grossman and the Arbitration Society rather than Bernheimer, Cohen, and the American Arbitration Foundation that carried on this particular campaign. O'Connell's account in September 1925: 44 Reformation of American Arbitration Law They came up to Massachusetts two years ago.

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