AAA Handbook on Arbitration Practice - Hardcover
AAA Handbook on Arbitration Practice - Electronic
Preview Page from Chapter 31
This chapter focuses on an option suggested by Judge Richard Posner in Chicago Typographical Union v. Chicago Sun-Times: that appellate review of arbitral awards be handled as part of the arbitration process itself, without the involvement of the judiciary. This proposal has received little attention in the literature. Here the practical implications of implementing appellate arbitral review are discussed in detail.
I do not advocate providing for arbitral appellate review for every dispute. Appellate review, in some form is appropriate only when the nature of the claim requires the arbitrator to resolve legal issues. The failure of an arbitrator to follow the law can lead to an appearance of “lawlessness” and in some extreme cases can even be characterized as a “manifest disregard” of the law. The problem is that while manifest disregard for the law may be grounds for vacatur, mere error in the ....
Paul Bennett Marrow is an arbitrator on the commercial panel of the American Arbitration Association, FINRA and is a Fellow of The Charter Institute of Arbitrators, London, England.