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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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A Proposed Reformulation of the United States Arbitration Act (FAA)

A Proposed Reformulation of the United States Arbitration Act (FAA)

(p.99) A Proposed Reformulation of the United States Arbitration Act (FAA)
Toward a New Federal Law on Arbitration

Thomas E. Carbonneau

Oxford University Press

The current FAA is an archaic statute that badly represents the American achievement in arbitration. The strong federal policy favoring arbitration should be contained in, and expressed by, a comprehensive statute that is self-contained and acts as a national law of arbitration. Such a statute should recognize contract freedom as a guiding principle and give effect to the right to arbitrate. The statute must also encourage the effective operation of arbitration to enable it to achieve and proffer adjudicatory effectiveness. Its purpose should be to empower citizens to make their own decisions as to litigation and to lessen the presence of courts in the arbitral process. The courts should purge the arbitral process only of flagrant denials of justice in the form of arbitrator or procedural corruption. The new arbitration law advances accessible and effective adjudication as a primary legal value.

Keywords:   federal policy, adjudicatory effectiveness, arbitral process, corruption, right to arbitrate, archaic statute, contract freedom, effective operation

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