Toward a New Federal Law on Arbitration
Contents
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Preamble: The Decision to Arbitrate Preamble: The Decision to Arbitrate
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I. Threshold Dispositions I. Threshold Dispositions
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§1. Scope and Purpose of the Law §1. Scope and Purpose of the Law
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§2. The Right to Arbitrate §2. The Right to Arbitrate
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§3. The Types of Arbitration §3. The Types of Arbitration
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§4. Federal Question Jurisdiction §4. Federal Question Jurisdiction
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§5. The Role of Courts §5. The Role of Courts
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II. The Contract of Arbitration II. The Contract of Arbitration
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§6. General Principles §6. General Principles
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§7. Contract Validity §7. Contract Validity
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§8. Separability §8. Separability
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III. Arbitrators III. Arbitrators
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§9. The Right to Rule on Jurisdiction §9. The Right to Rule on Jurisdiction
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§10. Other Rules and Procedural Regulations §10. Other Rules and Procedural Regulations
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§11. Interim Arbitrators and Truncated Tribunals §11. Interim Arbitrators and Truncated Tribunals
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IV. Arbitral Awards IV. Arbitral Awards
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§12. Form and Content §12. Form and Content
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§13. The Grounds for Invalidating Arbitral Awards §13. The Grounds for Invalidating Arbitral Awards
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§14. Special Provisions on Award Enforcement §14. Special Provisions on Award Enforcement
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V. Disparate-Party Arbitration V. Disparate-Party Arbitration
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§15. Adhesive Arbitration §15. Adhesive Arbitration
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§16. Class Action Waivers §16. Class Action Waivers
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VI. Special Provisions VI. Special Provisions
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§17. Internal Arbitral Appeal §17. Internal Arbitral Appeal
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§18. Expedited or Fast-Track Arbitration §18. Expedited or Fast-Track Arbitration
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§19. The Right to Counsel §19. The Right to Counsel
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VII. Post-Award Procedures VII. Post-Award Procedures
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§20. Correcting Evident Mistakes §20. Correcting Evident Mistakes
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§21. Judicial Remand for Clarification §21. Judicial Remand for Clarification
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VIII. International Arbitration VIII. International Arbitration
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§22. Generally §22. Generally
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§23. Basic Rules §23. Basic Rules
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§24. Enforcement §24. Enforcement
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§25. State-Investor Arbitration §25. State-Investor Arbitration
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A Proposed Reformulation of the United States Arbitration Act (FAA)
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Published:20 October 2014
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Abstract
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.
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