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New book explores latest developments in U.S. arbitration


Thomas E. Carbonneau, the Samuel P. Orlando Distinguished Professor of Law and director of the Penn State Institute of Arbitration Law and Practice, has published the Fifth Edition of “The Law and Practice of Arbitration.” Arbitration, he writes, has become the “primary mechanism and [the] most effective process” for resolving civil disputes in the United States. It adjudicatory vocation, however, is not limited to the U.S. legal system. 

“Arbitral clauses appear everywhere in consumer transactions and employment relationships. Most Americans are affected by arbitration and are likely to participate in arbitral proceedings in person or online,” said Carbonneau who has devoted much of his 35-year career to the study of international litigation and arbitration. He is the author of more than fifteen books and eighty scholarly articles on arbitration and other law topics. In addition, most domestic and international commercial agreements include an arbitration clause, making it "essential" for attorneys to be comfortable with arbitration practice.

The 691-page book is aimed at practitioners inside and outside of the United States as well as law students. It contains chapters on the Federal Arbitration Act, federalism, enforcement of arbitral awards, and international commercial arbitration. (A full table of contents is available online.)

A former Rhodes Scholar, Carbonneau held the Visiting Chair in Comparative Law and Legal Pluralism at McGill Faculty of Law in Montreal, Quebec, Canada in spring 2010. He oversees publication of the Yearbook on Arbitration and Mediation.

From the reviews

“an excellent book on the topic of arbitration, destined to become a passage oblige for non-U.S. lawyers wishing to know about the law and practice of arbitration in the United States. The discussion on foreign and transnational law will be of great use to anyone interested in international commercial arbitration."

—Frederic Bachand, Professor, McGill University, Faculty of Law; Member, Canadian Commercial Arbitration Centre

“This superb tour d'horizon masterfully brings together the disparate elements of arbitration law and practice. A must for every lawyer and law library."

—William W. Park, Professor of Law, Boston University: Of Counsel, Ropes & Gray, Boston; President, London Court of International Arbitration (LCIA)

"The book is a wonderful blend of case law, commentary, the author's own experience, and theoretical considerations about the nature and role of arbitration. It provides a unique comparative perspective."

—Clark J. Freshman, Professor, University of Miami School of Law

The book was published earlier this year by Juris Publishing, Inc. 

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