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Dispute Resolution and Arbitration

1997

Statutory or decisional law

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The Law Of Arbitration, Theodore J. St. Antoine Jan 1997

The Law Of Arbitration, Theodore J. St. Antoine

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The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …