By Ian R. Macneil
With an overburdened and bulky approach of court docket litigation, arbitration is changing into an more and more beautiful technique of settling disputes. executive enforcement of arbitration agreements and awards is, in spite of the fact that, rife with tensions. between them are tensions among freedom of agreement and the necessity to defend the susceptible or ill-informed, among the protections of judicial procedure and the potency and responsiveness of extra casual justice, among the government and the states. Macneil examines the historical past of the yank arbitration legislation that offers with those and different tensions. He analyzes the personalities and forces that lively the passing of the us Arbitration Act of 1925, and its later revolutionizing via the splendid courtroom. Macneil additionally discusses how distorted perceptions of arbitration background in flip distort present legislations.
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Additional info for American Arbitration Law: Reformation--Nationalization--Internationalization
V. Trinidad Lake Pet. Co. Y. 1914)13 of Judge Charles M. Hough, who carefully picked apart all the reasons advanced for judicial refusals to give effect to executory arbitration agreements, found each totally without merit, then concluded that he was bound by Supreme Court precedent to refuse to stay the suits pending arbitration. A final source of the reform movement was English law,14 both judge-made and statutory. The lodestar of the former was the House of Lords decision in Scott v. Avery,15 which allowed parties effectively to agree that arbitration would be a condition precedent to the bringing of an action for breach of the contract containing the arbitration clause.
Stone, then Dean of Columbia University Law School, commented in 1923: Zeal for the arbitration principle which has been hitherto devoted to securing the enactment of legislation is now being turned into other channels. A well developed propaganda is being directed toward inducing merchants to make the widest use of arbitration as the Reform Gathers Momentum 39 simplest, the least expensive, the most expeditious and the most satisfactory method of disposing of controversies between business men.
Smith had not gone. I know that Mr. Pogue had not gone. 81 Cohen did not, however, challenge O'ConnelFs description above, made a few minutes later, of the conduct of Judge Gross- Reform Gathers Momentum 45 man and others in propagandizing Massachusetts.