Beyond the FAA: Arbitration Procedure, Practice, and Policy in Historical Perspective

Center for the Study of Dispute Resolution Symposium

November 13, 2015
Hulston Hall


Center for the Study of Dispute Resolution symposium 2015 brochure

Brochure (PDF)

Beyond the FAA: Arbitration Procedure, Practice, and Policy in Historical Perspective

The Federal Arbitration Act (FAA), enacted in 1925, provides a framework for how we think about and practice arbitration in the United States today. Yet, the FAA is relatively new on the horizon, historically speaking. Prior to the American Revolution, arbitration flourished not only in England, but also in the English colonies in North America, where customary English arbitration practice and procedure were adapted to local circumstances. Following the American Revolution, new American state legislatures passed arbitration statutes that often encouraged arbitration as a matter of public policy, while also codifying the procedures for its practice. Yet, these state statutes did not eliminate the customary systems of arbitration already in use. Neither did they replace arbitration as it was practiced by distinct groups, such as religious communities. As a result, disputants wishing to utilize arbitration could choose from a diverse array of arbitration procedures.

The purpose of this symposium is to explore the broader histories of arbitration in America, considering not only what arbitration procedure, practice, and policy looked like in early America (and in the earlier legal, cultural, or religious systems from which American arbitration was adopted), but also how those broader histories might contribute to important discussions and developments in arbitration procedure, practice, and policy today.

Our main program, sponsored by the University of Missouri School of Law and the Journal of Dispute Resolution, includes a distinguished set of historians and legal scholars, with a keynote address by James C. Oldham, St. Thomas More Professor of Law and Legal History at Georgetown University Law Center and past president of the National Academy of Arbitrators. Papers from the symposium will be published in the Journal of Dispute Resolution, the flagship journal of the University of Missouri’s Center for the Study of Dispute Resolution.

Continuing Legal Education Credit

This symposium is approved for 4.2 hours of mandatory continuing legal education credit in the state of Missouri.

Cost and Registration

The symposium is free and open to the public. Registration is not required.