An Obituary for the Federal Arbitration Act: An Older Cousin to Modern Civil Procedure

Abstract

This article attempts to fill two salient gaps in prior scholarship. First, it has been observed that the relationship between civil procedure and alternative dispute resolution has not received substantial attention, and the two fields have remained segregated in legal academia. This article, through its examination of the interrelated development of our modern arbitration laws and civil procedure, is an attempt to help merge the study of these two fields. Second, there has been criticism that the study of civil procedure often gives insufficient attention to history, and that the study of historical foundations of procedure should be the starting point for understanding modern procedure. This article examines the historical development of our modern arbitration laws and their overlooked relationship to other important developments in civil procedure, and this study can help inform our current understanding of these procedural developments and inform future debate about reforms.

Keywords: arbitration, alternative dispute resolution, civil procedure, Federal Arbitration Act