Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism and individual liberties.
Peter B. Rutledge is a Professor of Law and the Herman E. Talmadge Chair at the University of Georgia School of Law. A recognized figure in the field of international dispute resolution and an accomplished Supreme Court advocate, Professor Rutledge has published widely in both the United States and abroad. His articles have appeared in publications such as the University of Chicago Law Review, the Vanderbilt Law Review and the Journal of International Arbitration.
Part I. Arbitration and Separation of Powers: 1. Article III and judicial review; 2. Executive power and the arbitral award; Part II. Arbitration and Federalism: 3. Preemption and the residual role of state law; 4. The significance of party choice; Part III. Arbitration and Individual Rights: 5. State action and due process; 6. The jury right.
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