Eliminating Judicial Review of an Arbitration Award
Ensuring some type of judicial review was a good thing in this instance. Bob's client got creamed in the arbitration because—according to Bob—the arbitrator manifestly disregarded the applicable law and made a mockery of due process.
May 17, 2021 at 11:23 AM
6 minute read
Charles F. Forer, Charles F. Forer Alternative Resolution Services
ADR
Editor's note: This article describes a hypothetical situation.
Enough is enough. Bob had reached the end of his rope in negotiating his most recent arbitration agreement. He threw in the towel and agreed with the other side's proposal to eliminate all judicial review of any arbitration award. After all, Bob figured, his client had an absolute right to judicial review of any arbitration award. Yes, the review would be narrow. But at least there would some review.
Ensuring some type of judicial review was a good thing in this instance. Bob's client got creamed in the arbitration because—according to Bob—the arbitrator manifestly disregarded the applicable law and made a mockery of due process.
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