Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

1988

Dispute Resolution and Arbitration

Journal Articles

Articles 1 - 2 of 2

Full-Text Articles in Law

The Reception Of Arbitration In United States Law, Thomas E. Carbonneau Jan 1988

The Reception Of Arbitration In United States Law, Thomas E. Carbonneau

Journal Articles

The willingness of any national legal system to endorse the process of arbitral adjudication can be measured by whether its governing statutory law and accompanying case law sustain the validity of arbitration agreements and limit judicial supervision of arbitral proceedings and awards - in effect, whether the laws of a nation establish a cooperative relationship between the courts and the arbitral process. On both scores, United States law on arbitration evinces a clear determination to support the process. The development of the law has given the framework of arbitral adjudication its necessary systemic autonomy.


America And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau Jan 1988

America And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau

Journal Articles

Despite attempts at harmonization through treaty relations and State participation in multilateral organizations, the international arena is a composite of unsettled and unsettling structures. The volatility of global politics and discordant national perceptions of legitimate lawful conduct constitute a precarious, usually unsuitable, basis for an international rule of law. Domestic concepts of legality rarely serve as adequate instruments for molding the character of international relations. The irreducible principle of national sovereignty makes the world community resistant to the adoption of universal juridical standards and consecrates the fragmentation of national self-interest as the ultimate source of legality among nation-states. This article …