A Practical Approach to Affording Review of Commercial Arbitration Awards: Using and Appellate Arbitrator

AMERICAN ARBITRATION ASSOCIATION HANDBOOK ON COMMERCIAL ARBITRATION, 2nd Edition, p. 485, 2010

10 Pages Posted: 17 Dec 2010

Date Written: October 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 I discuss ways to address this concern within the arbitration clause itself. I argue 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 I offer a series of practical suggestions. I also discuss 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.

Keywords: arbitration, awards, review, appeal, vacatur

JEL Classification: K12, K19, K40, K41

Suggested Citation

Marrow, Paul Bennett, A Practical Approach to Affording Review of Commercial Arbitration Awards: Using and Appellate Arbitrator (October 2010). AMERICAN ARBITRATION ASSOCIATION HANDBOOK ON COMMERCIAL ARBITRATION, 2nd Edition, p. 485, 2010. Available at SSRN: https://ssrn.com/abstract=1723922

Paul Bennett Marrow (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

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