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

40 Pages Posted: 2 Mar 2013

See all articles by Imre S. Szalai

Imre S. Szalai

Loyola University New Orleans College of Law

Date Written: October 25, 2009

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

Suggested Citation

Szalai, Imre S., An Obituary for the Federal Arbitration Act: An Older Cousin to Modern Civil Procedure (October 25, 2009). 2010 Journal of Dispute Resolution 391, Loyola University New Orleans College of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2224266

Imre S. Szalai (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St. Charles Ave., Box 901
Campus Box 901
New Orleans, LA 70118
United States

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