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
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
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