• The Ability to Contract for Expanded Judicial Review of Arbitration Awards Is Limited in Several Jurisdictions
  • March 7, 2007
  • Law Firm: Sutherland Asbill & Brennan LLP - Washington Office
  • Our clients frequently ask which is better for their contracts -- resolving disputes in arbitration or court? Because appeal rights are limited in arbitration, the question arises whether we can arbitrate in the first instance, but preserve a later right of appeal. Some contracts now provide for an appellate panel of arbitrators, who review the decision of the arbitration hearing panel. Contracting for judicial review of arbitration awards is more problematic. The federal circuits are split on whether parties can contract to impose a legal standard of review by courts following their private arbitrations.