The Law and Practice of Arbitration - 2nd Edition

Price: $150.00 925 pages. 1 Hardcover Volume. Index. Table of Cases. Published March 2007.
ISBN-13: 978-1-933833-02-6 / ISBN-10: 1-933833-02-5

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About the Book:
The Law and Practice of Arbitration - 2nd Edition is the first comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters— employment, labor, consumer transactions, and business—and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. This new work contains some fourteen chapters. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context. It also provides a thorough and insightful introduction to international commercial arbitration from an American perspective. It is fully up-to-date with the latest rulings of the U.S. Supreme Court on arbitration, including Bazzle. It also provides a thorough and insightful treatment on international commercial arbitration from an American perspective.

The Second Edition represents a thoroughly updated and substantially revised account of U.S. arbitration law.  The author collected and evaluated several hundred cases in redoing the book.  The Introduction has been completely rewritten; it provides a current overview of recent shifts in the law.  Several chapters, in particular, those relating to the enforcement of awards, consumer transactions, and employment arbitration have been refashioned in light of the contemporary case law.  "Opt-in" provisions, the action to clarify awards, and the possible imposition of sanctions for frivolous appeals against awards are considered and analyzed.  A number of sections have been considerable new commentary: maritime arbitration, federalism and arbitration, the validity of arbitration agreements, among others. The references and documentation are revised and more elaborate.  The Second Edition is an authoritative statement and assessment of U.S. arbitration law.

The Law and Practice of Arbitration - 2nd Edition is the work of a leader in the field who has pioneered efforts to provide professional education on arbitration. It is an essential work for practitioners and other professionals who are interested in gaining a full and knowledgeable view of arbitration as well as of the intricacies of its continuous and bewilderingly dynamic development.

Praise For The Law and Practice of Arbitration

"This superb tour d’horizon masterfully brings together the disparate elements of arbitration law and practice. A must for every lawyer and law library."
— William W. Park, Professor of Law, Boston University: Of Counsel, Ropes & Gray, Boston; Vice President, London Court of International Arbitration  

 "Most works on arbitration deal only with the nuts-and-bolts; others adopt an entirely theoretical approach. Carbonneau's book offers all the perspectives one could want -- historical, analytical, jurisprudential and practical -- all the while viewing arbitration in its full range of substantive contexts. This completeness make sthe book invaluable."
— George A. Bermann, Gellhorn Professor of Law & Jean Monnet Professor of European Union Law, Columbia University School of Law

 "The book is a wonderful blend of case law, commentary, the author’s own experience, and theoretical considerations about the nature and role of arbitration. It provides a unique comparative perspective."
— Clark J. Freshman, Professor, University of Miami School of Law.

 "A wonderful tool to explore international arbitration issues".
— Emmanuel Gaillard is Chair of Shearman & Sterling's international arbitration practice group. He is acknowledged as one of the world leading experts on international arbitration. He is a co-author of Fouchard Gaillard Goldman On International Arbitration, the leading and most exhaustive publication in this field. Mr. Gaillard teaches International Arbitration and Private International Law at the University of Paris XII.

"An excellent book on the topic of arbitration, destined to become a passage oblige for non-U.S. lawyers wishing to know about the law and practice of arbitration in the United States. The discussion in chapters 10-12 on foreign and transnational law will be of great use to anyone interested in international commercial arbitration."
— Frederic Bachand, Professor, McGill University, Faculty of Law; Member, Canadian Commercial Arbitration Centre.

"Professor Carbonneau’s book is a necessary reference for practitioners and others interested in arbitration. The author conveys an accurate and comprehensive view of the core issues and debates that have emerged in the field. Carbonneau, in fact, supplies one of the most convincing and well articulated accounts of the law of arbitration. He focuses on both the domestic and international dimensions of the arbitral process and provides a persuasive description of their overlap and distinction. The chapter on international commercial arbitration is the best treatment of the topic I have seen. Carbonneau’s concentration on the practical aspects of arbitration law is evident in his extensive treatment of the drafting of arbitration agreements. This volume will set the standard in the field."
— Philip J. McConnaughay, Dean and Donald J. Farage Professor of Law, Penn State University, The Dickinson School of Law; Former Partner, International Arbitration Group, Morrison & Foerster LLP, Tokyo and Hong Kong

About the Author:
Thomas E. 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.

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