Thomas E. Carbonneau, The Law And Practice Of Arbitration* – Vol. 17 No. 2

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Author: Joseph R. Brubaker

Published: December 2007

United States
Categories of Disputes
Commercial Disputes
Investment Disputes
Applicable Law
Lex Mercatoria
Arbitral Process
Enforcement of Arbitral Awards



Despite the proliferation of articles, books, and courses in international litigation and arbitration, it is far more frequently the case that American lawyers are confronted with domestic arbitration disputes, geographically confined within the United States. Nevertheless, “international” aspects do creep into such cases, such as the involvement of a foreign party, the application of the arbitral rules of the International Chamber of Commerce’s International Court of Arbitration or the appointment of a foreign arbitrator. The second, and substantially expanded, edition of Professor Thomas E. Carbonneau’s textbook seeks to educate the public and legal profession about the “arbitral process under United States law,” both domestic and international.

A trove of arbitration jewels is found in Professor Carbonneau’s book. The clause-by-clause and case-by-case examination of the Federal Arbitration Act and its evolution is a valuable resource for students, practitioners and academics. The survey of maritime, securities, consumer, labor, and employment arbitration provides a concise introduction to the predominant forms of domestic arbitration. Also included is a unique discussion of bias in “triangular” arbitration arrangements and a surprisingly thorough analysis of the English Arbitration Act 1996. Finally, a chapter of “special issues” includes both well-known topics such as the theoretical underpinnings of arbitration ideology, confidentiality, and interim measures as well as the more nuanced topics of multi-state arbitration practice, the relationship between the explicit text of arbitration agreements and…

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