IDEAS home Printed from https://ideas.repec.org/a/oup/jleorg/v11y1995i2p479-501.html
   My bibliography  Save this article

An Exploration of the Impact of Modern Arbitration Statutes on the Development of Arbitration in the United States

Author

Listed:
  • Benson, Bruce L

Abstract

Findings from historical research show that the "evidence" generally cited to support the contention that arbitration is effective primarily because of the threat of court-imposed sanctions should actually be characterized as "historical assumptions." Arbitration statutes commanding courts to recognize arbitration settlements and arbitration clauses were not the stimulus for the growth of arbitration that they are often assumed to have been. In fact, arbitration backed by nonlegal sanctions was well established long before the passage of arbitration statutes. Furthermore, political demands for these statutes are primarily from bar associations, which saw arbitration without lawyers as a threat to their livelihood. Refutation of the supporting evidence does not necessarily reject the hypothesis that legal sanctions are prerequisites for some arbitration, but nonlegal sanctions clearly provide sufficient backing under many circumstances. Copyright 1995 by Oxford University Press.

Suggested Citation

  • Benson, Bruce L, 1995. "An Exploration of the Impact of Modern Arbitration Statutes on the Development of Arbitration in the United States," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(2), pages 479-501, October.
    • Handle: RePEc:oup:jleorg:v:11:y:1995:i:2:p:479-501
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Bruce L. Benson, 1999. "Polycentric Law Versus Monopolized Law : Implications from International Trade for the Potential Success of Emerging Markets," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 15(Fall 1999), pages 36-66.
    2. Benson Bruce L., 2000. "Jurisdictional Choice in International Trade: Implications for Lex Cybernatoria," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 10(1), pages 3-32, March.
    3. repec:wvu:wpaper:09-09 is not listed on IDEAS
    4. Russell S. Sobel & Brian J. Osoba, 2009. "Youth Gangs as Pseudo‐Governments: Implications for Violent Crime," Southern Economic Journal, John Wiley & Sons, vol. 75(4), pages 996-1018, April.
    5. Schönfelder, Bruno, 2005. "The Puzzling Underuse of Arbitration in Post-Communism: A Law and Economics Analysis," Freiberg Working Papers 2005/07, TU Bergakademie Freiberg, Faculty of Economics and Business Administration.
    6. Peter T. Leeson, 2003. "Contracts Without Government," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 18(Spring 20), pages 35-54.
    7. Leeson, Peter T., 2007. "Better off stateless: Somalia before and after government collapse," Journal of Comparative Economics, Elsevier, vol. 35(4), pages 689-710, December.
    8. Bruce L. Benson, 2017. "Customary commercial law, credibility, contracting, and credit in the high Middle Ages," Chapters, in: Todd J. Zywicki & Peter J. Boettke (ed.), Research Handbook on Austrian Law and Economics, chapter 7, pages 129-177, Edward Elgar Publishing.
    9. Peter T. Leeson, 2008. "How Important is State Enforcement for Trade?," American Law and Economics Review, American Law and Economics Association, vol. 10(1), pages 61-89.
    10. Russell S. Sobel & Brian J. Osoba, 2009. "Youth Gangs as Pseudo-Governments Implications for Violent Crime," Southern Economic Journal, John Wiley & Sons, vol. 75(4), pages 996-1018, April.
    11. Russell S. Sobel & Brian J. Osoba, 2009. "Youth Gangs as Pseudo-Governments Implications for Violent Crime," Southern Economic Journal, Southern Economic Association, vol. 75(4), pages 996-1018, April.
    12. Bruce Benson, 2006. "Contractual nullification of economically-detrimental state-made laws," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 19(2), pages 149-187, June.
    13. Bruce Benson, 2018. "The institutional determinants of self-governance: a comment on Edward Stringham’s Private Governance," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 31(2), pages 209-230, June.
    14. Bruce Benson, 1999. "To Arbitrate or To Litigate: That Is the Question," European Journal of Law and Economics, Springer, vol. 8(2), pages 91-151, September.
    15. Edward Stringham & Todd Zywicki, 2011. "Rivalry and superior dispatch: an analysis of competing courts in medieval and early modern England," Public Choice, Springer, vol. 147(3), pages 497-524, June.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jleorg:v:11:y:1995:i:2:p:479-501. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jleo .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.