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Toward a New Federal Law on Arbitration$
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Thomas E. Carbonneau

Print publication date: 2014

Print ISBN-13: 9780199965519

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199965519.001.0001

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(p.87) 5 Conclusions
Toward a New Federal Law on Arbitration

Thomas E. Carbonneau

Oxford University Press

The U.S. Supreme Court has rebuilt the U.S. law of arbitration through its interpretation of the Federal Arbitration Act (FAA). In effect, the Court took the place of Congress and rewrote the initial legislation, giving it a more elaborate substantive content. The Court's endeavors in arbitration were motivated by the practical purpose of affording U.S. citizens access to an effective form of adjudication that would not be overwhelmed by the demands of litigants. With judicial due process being inviolable and no funds for new courts, the Court saw arbitration as a solution to the litigation crisis. The latter threatened to undermine constitutional government itself. It was in these circumstances that the highest court in the land proclaimed that the court system was unable to service civil litigation. In effect, legal values could inform society only through the surrogacy of arbitration.

Keywords:   U.S. Supreme Court, Federal Arbitration Act, FAA, Congress, adjudication, access, judicial due process, litigation crisis, civil litigation, legal values

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