KUKU

KU ScholarWorks

  • myKU
  • Email
  • Enroll & Pay
  • KU Directory
    • Login
    View Item 
    •   KU ScholarWorks
    • Law, School of
    • Law School Scholarly Works
    • View Item
    •   KU ScholarWorks
    • Law, School of
    • Law School Scholarly Works
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Private Ordering and Commercial Arbitration: Lasting Lessons from Mentschikoff

    Thumbnail
    View/Open
    Stephen Ware - Private Ordering and Commercial Arbitration.pdf (361.0Kb)
    Issue Date
    2019
    Author
    Ware, Stephen
    Publisher
    Journal of Dispute Resolution
    Type
    Article
    Article Version
    Article
    Published Version
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3344816
    Metadata
    Show full item record
    Abstract
    “Private ordering” is an important concept and commonly-used phrase in legal scholarship. At least three “ordering” activities often performed by governments can be privatized: lawmaking, adjudication, and enforcement of adjudicators’ decisions. Distinguishing among these activities and offering lasting lessons on their privatization—but nowadays not often credited for doing so—is Soia Mentschikoff’s seminal 1961 article, Commercial Arbitration. This short piece reconsiders Mentschikoff’s classic article in light of contemporary scholarship on private ordering and credits Commercial Arbitration with teaching us lasting lessons about commercial arbitration and even about commerce itself. Key to these lessons is Mentschikoff’s empirical study of trade association arbitration and her comparison of such industry-specific arbitration with the more general commercial arbitration exemplified by the American Arbitration Association (AAA). This comparison shows arbitration’s ability—especially in the “core commercial” context of trade associations—to privatize all three of the aforementioned “ordering” activities: lawmaking, adjudication, and enforcement of adjudicators’ decisions. Mentschikoff thus builds impressively from the humble context of routine sales disputes to enduring insights about the role of private ordering in the production, application, and enforcement of law.
    URI
    http://hdl.handle.net/1808/27713
    Collections
    • Law School Scholarly Works [621]
    Citation
    Stephen J. Ware, Private Ordering and Commercial Arbitration: Lasting Lessons from Mentschikoff, 2019 J. Disp. Resol. (2019). Available at: https://scholarship.law.missouri.edu/jdr/

    Items in KU ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.


    We want to hear from you! Please share your stories about how Open Access to this item benefits YOU.


    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

    Browse

    All of KU ScholarWorksCommunities & CollectionsThis Collection

    My Account

    LoginRegister

    Statistics

    View Usage Statistics

    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

    The University of Kansas
      Contact KU ScholarWorks
    Lawrence, KS | Maps
     
    • Academics
    • Admission
    • Alumni
    • Athletics
    • Campuses
    • Giving
    • Jobs

    The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression and genetic information in the University’s programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policies: Director of the Office of Institutional Opportunity and Access, IOA@ku.edu, 1246 W. Campus Road, Room 153A, Lawrence, KS, 66045, (785)864-6414, 711 TTY.

     Contact KU
    Lawrence, KS | Maps