Book contents
- Frontmatter
- Contents
- Acknowledgments
- Introduction
- 1 The Core Values of Arbitration
- 2 Common Legal Issues in American Arbitration Law
- 3 The Appropriate Role of State Law in the Federal Arbitration System: Choice and Preemption
- 4 Interstate Arbitration: Chapter 1 of the Federal Arbitration Act
- 5 Consumer Arbitration
- 6 International Commercial Arbitration: Implementing the New York Convention
- 7 Tension Points: Where the Authors Disagree
- Appendices
- A Ware's Revised Chapter 1 of the Federal Arbitration Act: 9 U.S.C. §§1–17
- B Speidel's Revised Chapter 2 of the Federal Arbitration Act
- C Sternlight's Proposed Amendments to the Consumer Arbitration Statute
- D Brunet's Federal Arbitration Act
- Index
D - Brunet's Federal Arbitration Act
Published online by Cambridge University Press: 16 November 2009
- Frontmatter
- Contents
- Acknowledgments
- Introduction
- 1 The Core Values of Arbitration
- 2 Common Legal Issues in American Arbitration Law
- 3 The Appropriate Role of State Law in the Federal Arbitration System: Choice and Preemption
- 4 Interstate Arbitration: Chapter 1 of the Federal Arbitration Act
- 5 Consumer Arbitration
- 6 International Commercial Arbitration: Implementing the New York Convention
- 7 Tension Points: Where the Authors Disagree
- Appendices
- A Ware's Revised Chapter 1 of the Federal Arbitration Act: 9 U.S.C. §§1–17
- B Speidel's Revised Chapter 2 of the Federal Arbitration Act
- C Sternlight's Proposed Amendments to the Consumer Arbitration Statute
- D Brunet's Federal Arbitration Act
- Index
Summary
(Note: This proposed legislation consists of several recommended changes to federal arbitration legislation)
[Insert at start of §2]
Scope of Federal Legislation: This legislation applies to transactions or conduct that affects interstate commerce. [Alternative: strike word “involving” before word “commerce” in existing section two of the FAA and substitute word “affecting.”].
[insert as the new last sentence of §2]
State Law to Govern Savings Clause: The rule of decision to be applied when deciding the validity of an arbitration agreement should be state law.
[insert as new §10(a)(7)]
Party Authority to Enhance Review: The parties may contract for judicial review of the arbitration award for reasons beyond the grounds set forth in this act.
[insert as new §10(a)(8)]
Awards Contrary to Public Policy: Courts may vacate awards that are plainly inconsistent with public policies expressly set out in legislation or legal precedents.
[insert as new §18]
Preemption. No intent to preempt the field: States may regulate arbitration, provided that state law does not stand as an obstacle to enforcing consensual agreements to arbitrate.
- Type
- Chapter
- Information
- Arbitration Law in AmericaA Critical Assessment, pp. 377 - 378Publisher: Cambridge University PressPrint publication year: 2006