Should there be appellate review as part of the arbitration process? At the present time, appellate review of arbitration awards is almost non-existent, although some commentators have expressed approval of such a mechanism. Paul Marrow, “A Practical Approach to Affording Review of Commercial Arbitration Award Chapter 41: Using an Appellate Arbitrator,” AAA Handbook on Commercial Arbitration (2010); Saxe, “An Appellate Mechanisn in Arbitration,” (NYSBAJ, November/December 2013 pg. 44). A number of the larger alternative dispute resolution providers—the American Arbitration Association (AAA), JAMS, and the Institute for Conflict Preservation and Resolution (CPR)—have each adopted optional and varying appellate procedures with different standards of review to which the parties can agree to in their arbitration clauses or later provide for an appeal to a panel of arbitrators for an expedited review. See generally Conna A. Weiner, “Getting the Arbitration That You Want: Appeals? Really?”

These appellate mechanisms provide an opportunity to review errors of law that are material and prejudicial, or determination of facts that are erroneous. See Tracy T. Segal, “New Option to Appeal Arbitration Awards within the Arbitration Process.”

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