THE REVISED UNIFORM ARBITRATION ACT: THIRD LEG OF MODERN
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88 CHAPTER 5 THE REVISED UNIFORM ARBITRATION ACT: THIRD LEG OF MODERN ARBITRATION LAW I. PRESENTER STEPHEN L. HAYFORD* Introduction In May 1992, at our 45th Annual Meeting here in Atlanta, I asserted that neither the members of this Academy nor the advo- cates who argue cases before us could afford to ignore the harbin- ger of change signaled by the U.S. Supreme Court’s then very new opinion in Gilmer v. lnterstate/Johnson Lane Corp. 1 On that day I described what I believed to be a coming “third era” of labor and employment arbitration that would be triggered by post-Gilmer developments on the judicial and legislative fronts. 2 Today, 9 years later, I can affirm that the third era of labor and employment arbitration has begun. Its arrival was finally and definitively her- alded by the confluence of the Supreme Court’s opinion in Circuit City Stores, Inc. v. Adams 3 and the January 2001 promulgation of the Revised Uniform Arbitration Act (RUAA). 4 Gilmer and Circuit City are not isolated phenomena. Rather, they are but two in a series of 17 commercial arbitration opinions handed down by the Supreme Court since 1983 that put into motion a radical shift in the law of commercial arbitration, a shift *Member, National Academy of Arbitrators, Professor of Business Law and Dispute Resolution, Kelley School of Business, Indiana University, Bloomington, Indiana. 1 500 U.S. 20, 55 FEP Cases 1116 (1991). 2 Hayford, The Changing Character of Labor Arbitration, in Arbitration 1992: Improving Arbitral and Advocacy Skills, Proceedings of the 45th Annual Meeting, National Academy of Arbitrators, ed. Gruenberg (BNA Books 1993), 70. 3 121 S.Ct. 1302, 85 FEP Cases 266 (2001). 4 Rev. Unif. Arb. Act (2001) [hereinafter RUAA], available at <http://www.naarb.org/ finalRUAA2.html>.
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