Civil Litigation,
Alternative Dispute Resolution
Dec. 3, 2016
The evolution of arbitration in the US: 1925-present
When the California Supreme Court approved arbitration in the California Arbitration Act, the justices assumed, as had Congress, the role of experts would facilitate arbitral resolution in business disputes whose contractual relationship included a negotiated arbitration clause.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
In 1925, Congress established arbitration to reduce the dilatory pace of civil litigation and its extensive costs in federal courts. At that time, the U.S. Supreme Court had decided Swift v. Tyson, 41 U.S.1 (1842), enabling federal courts to develop common law and overrule state court substantive law. Several years later, in Erie v. Tomkins, 304 U.S. 64 (1938), the court reconsidered its decision and removed federal intervention.
When the California Supreme Court ap...
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