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8 Rutgers-Cam L.J. 284 (1976-1977)
A History of Commercial Arbitration in New Jersey - Part II

handle is hein.journals/rutlj8 and id is 300 raw text is: A HISTORY OF COMMERCIAL ARBITRATION IN NEW JERSEY PART H* James B. Boskeyt I. INTRODUCTION Through the active assistance of both the legislature and the courts, arbitration had become well established in New Jersey by the early 1920's.1 Nonetheless, in the rest of the country common-law bar- riers had proved too much to overcome, with the result that most juris- dictions saw little use of either formal or reference arbitration.2 The end of the first World War, however, was a watershed in the develop- ment of arbitration in the United States. The Permanent Court of Arbi- tration at The Hague had been established in the hope that arbitration could provide an important mechanism for keeping the peace.' Despite the failure of that court to prevent the first World War, this hope had not died, and the war to end all wars slogan of the period encouraged the development of new institutions in the belief that they would help to maintain the final settlement of that conflict.4 Further, the eventual, though reluctant, participation of the United States in World War I led to a rapid growth in its trade with other nations. As a result, it became increasingly apparent that an efficient means of nonjudicial dispute resolution was necessary to maintain the free flow of international com- merce. The interest generated in arbitration as a means for the settle- ment of international disputes carried over into the domestic arena.' * The first part of this article appeared in the Fall 1976 issue of the Rutgers- Camden Law Journal. t Associate Professor of Law, Seton Hall Law School. B.A., Princeton Univer- sity; J.D., University of Michigan; LL.M., London School of Economics. 1. See generally Boskey, A History of Commercial Arbitration in New Jersey, 8 RUTrmERs-CAMDEN L.J. 1 (1976). 2. See J. COHEN, COMMERCIAL ARBITRATION AND THE LAw 226-52 (1918). 3. This tribunal was established as a result of the international conferences held in 1899 and 1907. See F. KELLOR, AMERICAN ARBITRATION 9 (1948). 4. The most significant of these institutions were the League of Nations and the Permanent Court of International Justice, the latter of which presently exists under the name of the International Court of Justice. 5. See F. KELLOR, supra note 3, at 9-14.

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