Risky Business: Altering the Scope of Judicial Review of Arbitration Awards by Contract

10/16/2006

Your client is frustrated that her company, hit with several adverse arbitration decisions contradicting well-settled law, has no meaningful opportunity to challenge the decisions in court. Another client, with a favorable arbitration award in hand, is upset because the savings his company hoped to achieve through arbitration vanished when the other side challenged the award in court.

These frustrations highlight arbitration’s apparent “fall from grace.” This article addresses the extent to which parties can deal with these countervailing concerns by either expanding or restricting the scope of judicial review of arbitration awards by contract.

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