Arbitration Clauses Should Be Enforced According to Their Terms-Except When They Shouldn't Be: The Ninth Circuit Limits Parties' Ability to Contract for Standards of Review of Arbitration Awards

15 Pages Posted: 1 Oct 2008

Date Written: September, 29 2008

Abstract

With more and more parties submitting disputes to arbitration, the issue of whether parties can contractually expand the standard of review has become extremely unclear, with complex divisions even among individual circuits. This Note addresses the effects of allowing parties to contract for standards of review beyond those established in the Federal Arbitration Act, and the Ninth Circuit's self-reversing decision in Kyocera prohibiting such agreements.

Keywords: Kyocera, arbitration, standard of review, Ninth Circuit

Suggested Citation

Bunch, Jonathan R., Arbitration Clauses Should Be Enforced According to Their Terms-Except When They Shouldn't Be: The Ninth Circuit Limits Parties' Ability to Contract for Standards of Review of Arbitration Awards (September, 29 2008). Journal of Dispute Resolution, Vol. 2004, No. 2, 2004. Available at SSRN: https://ssrn.com/abstract=1275511

Jonathan R. Bunch (Contact Author)

Federalist Society ( email )

1015 18th Street, NW
Suite 425
Washington, DC 20036
United States

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