In advising resort to arbitration, counsel generally weigh factors such as informality, speed, cost, confidentiality, fact-finder expertise and venue. In effect, arbitration allows parties to free themselves from the one-size-fits-all rules of civil procedure and create an adjudicatory system specifically tailored to the needs of the litigants.
But once the decision to arbitrate is made, attention must be given to the framework controlling the conduct of the arbitration itself, including how arbitration awards may be judicially reviewed and enforced. For example, the parties may consider whether they wish to proceed under the Federal Arbitration Act (FAA), the Pennsylvania Uniform Arbitration Act (PUAA), common law arbitration or even procedures under arbitration acts that have been repealed.
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