Dispute Resolution and Arbitration Commons^™

The Legal Framework Of Labor Arbitration In The Private Sector, Theodore J. St. Antoine

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As indicated by Professor Morris's thorough historical survey, arbitration has gone almost the whole distance from being an outcast of the law to being a darling of the law. Arbitration-the use of impartial outsiders selected by private parties themselves to resolve a dispute between them-was regarded by the early common law judges as an attempt to usurp the courts' own function. For a long time in both England and America, the courts would generally not enforce an executory agreement to arbitrate. A judicial remedy would be available only if a party was refusing to comply with an award that had …