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Toward a New Federal Law on Arbitration$
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Thomas E. Carbonneau

Print publication date: 2014

Print ISBN-13: 9780199965519

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199965519.001.0001

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An Explanation of the Provisions of the Proposed Law

An Explanation of the Provisions of the Proposed Law

A Proposed Reformulation of the United States Arbitration Act (FAA)

(p.141) An Explanation of the Provisions of the Proposed Law
Toward a New Federal Law on Arbitration

Thomas E. Carbonneau

Oxford University Press

This chapter consists of the commentary to, and explanation of, the proposed modern national law of arbitration. It endeavors to elucidate the language of the statutory rules?to reveal the motivation and goals that underlie the proposed law. The observations seek to position the rule in the landscape of the Court's decisional law. In places, the commentary identifies gaps or unresolved issues in the Court's holdings and provides a means of filling the void or repairing incongruities. The revised FAA has the ambition not only of mirroring the essential content of the Court's decisional law on arbitration, but also to innovate and bring the U.S. law of arbitration in line with and transcend the global legal regulation of arbitration. According to the proposed law, ordinary legal capacity includes a basic right to arbitrate. It also establishes federal question jurisdiction for arbitration and a federal law regulating the formation of arbitration contracts.

Keywords:   legal capacity, statutory rules, proposed law, decisional law, revised FAA, gaps, issues, right to arbitrate, arbitration contracts

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