Cases and Materials On The Law & Practice Of Arbitration: Revised Third Edition
Thomas E. Carbonneau
Price: $115.00 1250 pages. 1 Hardcover Volume. Table of Cases. Appendices.Published August 2002. (65 page Teaching Guide Available with Class Adoptions).
ISBN-13: 978-1-929446-26-1 / ISBN-10: 1-929446-26-8
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About the Author:
Thomas Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State's Dickinson School of Law. Professor Carbonneau is commonly regarded as one of the world’s leading experts on domestic and international arbitration. He is the editor-in-chief of two widely read and well-regarded professional publications, the World Arbitration and Mediation Review and the Journal of American Arbitration, and serves on the editorial board of La Revue de L'Arbitrage. In addition, he is the author of ten highly acclaimed books and 75 scholarly and professional articles on arbitration. Professor Carbonneau is formerly the Moise S. Steeg Jr. Professor of International Law at Tulane University School of Law
About the Book:
The Revised Third Edition of Carbonneau’s Cases and Materials on Arbitration continues to establish the standard in the field of arbitration. It is the most comprehensive and systemic treatment of the traditional and more contemporary applications of arbitration. It provides a thorough inventory of the landmark cases and principal institutional and other documents in the area. The commentary supplies the background necessary to understand the process and its future direction. The treatment of various topics always meets a high standard of analytical rigor. The work is designed to acquaint its readers fully with the practical and critical aspects of arbitration.
Carbonneau’s work enables students, lawyers, and professors to respond effectively to the U.S. Supreme Court’s creation of an "emphatic federal policy" in support of arbitration. It allows them to adapt to the extension of arbitration to employment, HMO, securities, and other areas of consumer activity. The volume addresses in some detail the Court’s insistence on contract rights and its diminishment of the subject matter inarbitrability defense. The scope of coverage extends—with equal depth—to both domestic and international arbitral matters.
To facilitate a practical understanding of the process, the book contains sample problems. It also describes the practical problems that have emerged in the professional practice of arbitration. Finally, it supplies detailed instruction on how to draft arbitration agreements and establish in-house dispute resolution processes.
Carbonneau’s volume remains the undisputed leader in the field.
Praise For Cases and Materials
"The book begins with considerable attention to the theoretical basis for enforcing arbitration
agreements and awards. In this connection, Carbonneau respects and explains the vital distinction
between labor and commercial disputes better than many judges and scholars have done. Two
chapters are spent on the important issue of how federalism affects arbitration law. An excellent
chapter on arbitration and statutory rights takes the reader through the doctrinal evolution of
"subject matter arbitrability," both in the traditional problems areas of securities and antitrust, and in
the more current hot topics of age and sex discrimination in employment. Four chapters deal with
international aspects of arbitration, including a look at arbitration law in several non-American
jurisdictions, and an examination of treaty-created arbitration under NAFTA, the Iran Claims Tribunal
and the Iraqi War Claims Commissions. The book's great strengths are twofold. First, its encyclopedic
completeness misses no major case. Second, Professor Carbonneau devotes an almost loving
attention to detail in his clear introductions and carefully weighed analytic comments and questions.
With grace, elegance and style, Professor Carbonneau has put together a superb work on American
arbitration law. His materials would be a bargain even at twice the price."
- William W. Park, Professor of Law, Boston University, Counsel, Ropes & Gray, Boston, Vice
President, London Court of International Arbitration"Tom Carbonneau's 'Cases and Materials on Commercial Arbitration' is a major contribution to the
literature on arbitration. ... it contains not only excerpts of the most important U.S. cases on
arbitration but also extensive commentary and analysis that will prove invaluable to practitioners,
policy makers and academics who are already familiar with the field. The documentary supplement
will also prove immensely valuable, particularly to those who are interested in international
arbitration practice."
- Jean R. Sternlight, Associate Professor of Law, Florida State University, Director of Education
and Research, Florida Dispute Resolution Center"This Book outstandingly covers arbitration from an American perspective. ? this is a welcome
addition for academics and professional arbitrators who have needed a concise and practical one
volume reference book."
- From the Review in La Ley, Gonzalo Stampa, J. & B. Cremades y Asociados (Madrid)