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Peter Bowman Rutledge, Rachael Kent, Christian Henel
From: Practitioner's Handbook on International Commercial Arbitration (2nd Edition)
Edited By: Frank-Bernd Weigand
13.01 International commercial arbitration enjoys a long history in the United States, but judicial acceptance of arbitration is of more recent vintage. The historical record contains many instances of arbitration, particularly industry-specific arbitration and post-dispute arbitration.1 Until the first part of the twentieth century, however, courts in the United States rarely enforced pre-dispute arbitration agreements.2 Such agreements were void contracts, contrary to public policy because they ousted courts of jurisdiction.3 13.02 This ‘judicial hostility’...