Incompletely Theorized Agreements
Cass R. Sunstein, SSRN
Well-functioning legal systems often tend to adopt a special strategy for producing agreement amidst pluralism. Participants...

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Marshal Service for Arbitration Awards, Relic or Requirement?
Liz Kramer, Arbitration Nation
So you’ve got an arbitration award, what next? In other types of civil cases, the Federal Rules of Civil Procedure (Rules) control service, and they have greatly reduced the role of U.S. Marshals in serving parties. See Fed. R. Civ. P. 4(c). But enter the Federal Arbitration Act § 9 and § 12 (FAA). When a party seeks to confirm, vacate, or modify an arbitration award, § 9 and § 12 say that a nonresident party must be “served by the marshal of any district within which the adverse party...

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Preserving the Federal Arbitration Act by Reining in Judicial Expansion and Mandatory Use
Maureen Weston, SSRN
This Article considers the rationale for arbitration reform, as well as the arguments for no reform at all. Part II sets...

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