
The Expanding Scope of Judicial Review of Arbitration Awards: Where Does the Buck Stop?
November 01, 2006
Dispute Resolution Journal
Although arbitration awards are meant to be final, some judicial review remains a vital part of the arbitration process. Yet the question still facing courts today is this: What is the proper scope of judicial review of arbitration awards? This article examines the unresolved tension between, on the one hand, the limited grounds for review in the Federal Arbitration Act, and on the other, common law grounds for review and expanded judicial review provisions negotiated by the parties themselves. The author concludes that it is undesirable to make arbitration more complicated and expensive by altering the statutory grounds of review.