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Recent Developments: The Uniform Arbitration Act
Recent Developments: The Uniform Arbitration Act
Journal of Dispute Resolution
The Uniform Arbitration Act (UAA), 1 proposed by the National Conference on Uniform State Laws in 1955, has been adopted by slightly more than half the states.' The purpose of this survey is to explain the principles underlying court decisions interpreting the UAA, and provide a framework for analyzing future cases.
Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado
Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado
Journal of Dispute Resolution
This paper develops the idea that arbitral decision making has an analog in social science research.1 It asserts that the hypothesis testing procedure in social sciences is directly analogous to the arbitral process. The research format of an economist, sociologist, or psychologist might be as follows: 1. Generate the null (H.) and alternate (H) hypotheses to be tested. 2. Collect reliable and valid data relative to the hypothesis. 3. Evaluate and analyze this data by subjecting it to statistical tests. 4. Arrive at conclusions by accepting or rejecting the null hypothesis after statistical testing. 5. Explain and discuss findings
Federal Preemption Of Arbitration - Southland Corp. V. Keating, Ronald A. Conway
Federal Preemption Of Arbitration - Southland Corp. V. Keating, Ronald A. Conway
Journal of Dispute Resolution
Arbitration agreements have traditionally been viewed with disfavor.2 Many states have refused to enforce arbitration clauses to the same extent as other agreements, either under the common law or by statute.8 This hostility towards arbitration agreements was the result of an attempt to preserve the courts' jurisdiction. Any agreement which deprived courts of jurisdiction was frowned upon.' The United States Supreme Court recently held that the Federal Arbitration Act5 (FAA) preempts state law and must be applied in state courts. This decision is in accord with a trend throughout the nation to make arbitration agreements specifically enforceable.6 The effect of …