A Practical Approach to Affording Review of Commercial Arbitration Awards; Using an Appellate Arbitrator, Chapter 41, Handbook on Commercial Arbitration, 2d Edition, American Arbitration Association (2010)
Abstract: Arbitration awards are supposed to be final. But that finality is sometimes more of a curse than a benefit because it drives parties away from the arbitration process. In this article, Marrow discusses ways to address this concern within the arbitration clause itself.
It is argued that under the commercial rules of the American Arbitration Association, it is possible to craft a clause that permits an appeal on issues of law to a panel composed of arbitrators and a series of practical suggestions are offered. Marrow also discusses the idea within the rules of CPR and JAMS. The article also includes a discussion of the impact of the recent U.S. Supreme Court decision in Hall v. Matell, 552 U.S. 576 (2008) on the ability of parties to an arbitration clause to include provisions for review by an appellate arbitrator.
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