By examining this history, this book demonstrates how the U.S. Supreme Court has grossly misconstrued these laws and unjustifiably created an expansive, informal, private system of justice touching almost every aspect of American society ...
Author: Imre Szalai
Arbitration is a method of dispute resolution in which parties agree to submit their dispute to a private, neutral third person, instead of a traditional court with a judge and jury. This private system of arbitration, which is often confidential and secretive, can be a polar opposite, in almost every way, to the public court system.Over the past few decades, arbitration agreements have proliferated throughout American society. Such agreements appear in virtually all types of consumer transactions, and millions of American workers are bound by arbitration agreements in their employment relationships. America has become an “arbitration nation,” with an increasing number of disputes taken away from the traditional, open court system and relegated to a private, secretive system of justice. How did arbitration agreements become so widespread, and enforceable, in American society? Prior to the 1920s, courts generally refused to enforce such agreements, and parties had the right to bring their disputes to court. However, during the 1920s, Congress and state legislatures suddenly enacted ground-breaking laws declaring that arbitration agreements are “valid, irrevocable, and enforceable.” Drawing on previously untapped archival sources, this book explores the many different people, institutions, forces, beliefs, and events that led to the enactment of modern arbitration laws during the 1920s, and this book examines why America's arbitration laws radically changed during this period. By examining this history, this book demonstrates how the U.S. Supreme Court has grossly misconstrued these laws and unjustifiably created an expansive, informal, private system of justice touching almost every aspect of American society and impacting the lives of millions.
Author: United States. Congress. Senate. Committee on the JudiciaryPublish On: 2014
My book , OUTSOURCING JUSTICE : THE RISE OF MODERN ARBITRATION LAWS IN AMERICA , is based on ten years of researching previously - untapped archival materials and other overlooked sources from the drafters of the FAA .
Author: United States. Congress. Senate. Committee on the Judiciary
J Disp Resol 1 Subrin SN, Main TO (2014) The fourth era of American civil procedure. Univ Pa Law Rev 162: 1839 Szalai I (2013) Outsourcing justice: the rise of modern arbitration laws in America. Carolina Academic Press Wai R (2001–02) ...
Author: Georgios I. Zekos
Publisher: Springer Nature
The book deals with digital technology which is transforming the landscape of dispute resolution. It illustrates the application of AI in the legal field and shows the future prospect of robo-justice for an AAI society in the advanced artificial intelligence era. In other words, the present justice system and the influence of current AI upon courts and arbitration are investigated. The transforming role of AI on all legal fields is examined thoroughly by giving answers concerning AI legal personality and liability. The analysis shows that digital technology is generating an ever-growing number of disputes and at the same time is challenging the effectiveness and reach of traditional dispute resolution avenues. To that extent, the book presents in tandem the impact of AI upon courts and arbitration, and reveals the role of AAI in generating a new robo-justice system. Finally, the end of the perplexing relation of courts and arbitration is evidenced methodically and comprehensively.
Author: Victor Ferreres ComellaPublish On: 2021-03-11
14 On the connection between modern arbitration laws regarding commerce and the Progressive movement in the United States, see Imre Szalai, Outsourcing Justice. The Rise of Modern Arbitration Laws in America (Durham, North Carolina: ...
Author: Victor Ferreres Comella
Publisher: Cambridge University Press
This work is the first systematic discussion of arbitration from a constitutional perspective, covering the most important types of arbitration, including domestic arbitration in private law, international commercial arbitration, investment treaty arbitration, and state-to-state arbitration. Victor Ferreres Comella argues for the recognition of a constitutional right to arbitration in the private sphere and discusses the constraints that the state is entitled to place on this right. He also explores the conditions under which investment treaty arbitration is constitutionally legitimate, and highlights the shortcomings of international adjudication from a constitutional perspective. The rich landscape of arbitration is explained in clear language, avoiding unnecessary technical jargon. Using examples drawn from a wide variety of domains, Ferreres bridges the gap between constitutional and arbitral theory.
See, e.g., Imre Stephen Szalai, outsourcing Justice: The Rise of modern Arbitration Laws in America (2013) (arguing that “the U.S. Supreme Court has grossly misconstrued [the arbitration] laws and unjustifiably created an expansive, ...
Author: Won L. Kidane
Publisher: Oxford University Press
Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.
See IMRE SZALAI, OUTSOURCING JUSTICE: THE RISE OF MODERN ARBITRATION LAWS IN AMERICA (2013), which started with a story about arbitration over rape in Baghdad. Compare a less sensationalized treatment of the subject in IAN R. MACNEIL, ...
Author: Tony Cole
Publisher: Kluwer Law International B.V.
The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.
Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law (Princeton: Princeton University Press, 2011), 130–35; Imre Szlai, Outsourcing Justice: The Rise of Modern Arbitration Laws in America (Durham, ...
Author: Amalia D. Kessler
Publisher: Yale University Press
Category: Adversary system
Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Author: Lisa Blomgren AmslerPublish On: 2020-06-02
Outsourcing Justice: The Rise of Modern Arbitration Laws in America. Durham, NC: Carolina Academic Press, 2016. Szmania, Susan J., Addie M. Johnson, and Margaret Mulligan. “Alternative Dispute Resolution in Medical Malpractice: A Survey ...
Author: Lisa Blomgren Amsler
Publisher: Stanford University Press
Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
Annals of the American Academy of Political and Social Science 108: 90–98. Szalai, Imre (2013), Outsourcing Justice: The Rise of Modern Arbitration Laws in America. Carolina Academic Press. Vauchez, Antoine (2014), “The International ...
Author: Grégoire Mallard
Publisher: Cambridge University Press
Category: Business & Economics
This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.
one hand, and a supposed too close connection to business as opposed to States in international investment arbitration.7 ... Imre Szalai, Outsourcing Justice: The Rise of Modern Arbitration Laws in America (Carolina Academic Press, ...
Author: C. L. Lim
Publisher: Cambridge University Press
This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.