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Triumph of Progress: the Embrace of International Commercial Arbitration

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Chapter Summary

This chapter explores the important role that commercial arbitration has assumed in forging international systems of justice since the formation of the first Permanent Court over 100 years ago. One formidable barrier to the growth of arbitration was a distinct form of judicial hostility directed toward the enforcement of arbitration agreements of future disputes. The chapter examines the historical antecedents of this hostility. It explains why the hostility, although perhaps misapplied, was of sufficient magnitude to limit arbitration and, indeed, cause its temporary disappearance. Finally, it discusses the gradual diminution of this hostility exemplified initially in the passage of the English Arbitration Act of 1889, the New York Arbitration Act of 1920 and, subsequently, the Federal Arbitration Act of 1925, a 'bare-bones' statute of U.S. origin that prescribed standards for the enforcement of arbitration agreements and awards.

Keywords: English Arbitration Act of 1889; Federal Arbitration Act of 1925; international commercial arbitration; New York Arbitration Act of 1920; promulgate rules



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