The Federal Arbitration Act : Successes, Failures, and a Roadmap for Reform / edited by Richard A. Bales and Jill I. Gross.

Format:

Book

Contributor:

Bales, Richard A., editor.

Gross, Jill I., editor.

Language:

English

Subjects (All):

Arbitration and award--United States.

Arbitration and award.

Law reform--United States.

Law reform.

United States. United States Arbitration Act.

United States.

Physical Description:

1 online resource (x, 369 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Cambridge, England : Cambridge University Press, [2024]

Summary:

In honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act impacts the modern practice of arbitration and how the Supreme Court's interpretation of the Act undermines its fairness. Focusing on domestic, commercial and consumer, as well as securities and labor and employment arbitration, this book provides a roadmap to enhance the fairness and coherence of the Act. The volume is unique in that it serves as the impetus for a law reform project, with over thirty scholars speaking collectively for improvements to the law. More effective than scattershot arguments, this coordinated effort delivers a consistent message to a national audience: that arbitration has become ubiquitous and the law should ensure it is fair and equitable

Contents:

Introducing the FAA and its centenary / Jill I. Gross and Richard A. Bales

The birth of an arbitration nation / Imre Stephen Szalai

The bipartisan and cross-ideological currents supporting the ascendance of arbitration / Sarah Staszak

Section 1 : defining arbitration and addressing structural bias / Nancy A. Welsh

Section 2's "Arising out of" requirement : an argument for repeal / Stephen J. Ware

Limiting delegation clauses after rent-a-center West, Inc. v. Jackson / David Horton

Exempting from the FAA agreements to arbitrate federal securities law claims / Jill I. Gross

Ending FAA preemption : restoring the federal-state balance in arbitration regulation / Richard Frankel

Pressing the "restart" button : amending FAA Section 2 so that state law, not the FAA, regulates adhesion arbitration / Ronald G. Aronovsky

State arbitration law in an FAA preemption world : the interaction between federal and state arbitration law / Maureen A. Weston

Federal court jurisdiction for arbitration matters : a complex problem with an easy solution / Kristen Blankley

Section 4 : jury, trial : a misnomer in the FAA / Tracey B. Frisch

Third party arbitral subpoenas : are they allowed and who can challenge them? / Bradley A. Areheart

Clarifying section 7 to accommodate OArb / Amy J. Schmitz

The FAA's "transportation worker" exemption-arbitrary and confusing / Lise Gelernter

The early days of the ending forced arbitration act / Sandra Sperino

Expanding the ending forced arbitration of sexual assault & sexual harassment act to protect workers' rights / Ariana R. Levinson

The FAA should not cover consumer claims / Jeff Sovern

Using the OWBPA as a model for protecting signatories to adhesive arbitration agreements / Richard A. Bales

Voiding silent class action waivers by amending the FAA / Blair Druhan Bullock

Revising the reviewing : amending FAA section 10 to improve procedural protections in employment arbitration / Sarah Rudolph Cole

"Clarifying the conflict in the FAA's conflict of interest requirements : what and when must arbitrators disclose?"

The FAA's silence on arbitral disclosures : a pressing problem in the social media age

Arbitrator reversal under Federal Arbitration Act Section 10 (a)(3) for excluding evidence

Reforming judicial review to permit bargained-for and fast-track review

Arbitration law and labor law at the margins : workers of color caught between collective and individual visions of alternative dispute resolution

Reinvigorating the arbitration process by diversifying the arbitrator corps

Empirical evidence on arbitrator diversity : what we know, what we don't know, and how to move forward on the empirical front

Time to modernize the FAA

The Supreme Court's defensible interpretations of the Federal Arbitration Act

The FAA in comparative perspective : is the United States an outlier?

A failed experiment? is it time to scrap the FAA altogether?

Notes:

Title from publisher's bibliographic system (viewed on 05 Dec 2024).

Description based on print version record.

ISBN:

9781009391863

1009391860

9781009391900

1009391909

9781009391894

1009391895