Book Review Constitutional Conundrums in Arbitration Arbitration and the Constitution, Peter B. Rutledge (Cambridge University Press, 2013)
15 Cardozo Journal of Conflict Resolution __ (Forthcoming 2013)
51 Pages Posted: 4 Mar 2013
Professor Peter Rutledge’s new book, Arbitration and the Constitution (Cambridge University Press, 2013), offers the first comprehensive study of the constitutionality of arbitration. The discussion draws together arguments and evidence from a diverse range of constitutional and arbitral authorities and introduces examples and issues from many different sub-disciplines within the world of arbitration. This review essay considers whether Rutledge succeeds in his bold experiment of blending together two such seemingly diverse areas of law by taking a critical look at the strengths and weaknesses of Rutledge’s analysis while simultaneously setting the book within the context of existing and future forms of constitutional and arbitral scholarship.
Keywords: : constitutional law, arbitration, alternative dispute resolution, ADR, civil procedure, due process, international commercial arbitration, investment arbitration, Federal Arbitration Act, New York Convention, Panama Convention, federalism
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