Contractual expansion & limitation of judicial review of arbitral awards

Article Abstract:

The author discusses cases where parties have attempted to include judicial review clauses regarding arbitration in their contracts, in contradiction to laws which attempt to limit such review.

Analysis, Interpretation and construction, Commercial arbitration agreements

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Contractual expansion & limitation of judicial review of arbitral awards

Article Abstract:

The author concludes his two-part article in which he examines court decisions regarding the judicial review of arbitral awards and argues that courts should adhere strictly to the freedom of contract principle to best respect the arbitration process.

Liberty of contract, Freedom of contract

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Judicial review of arbitral awards

Article Abstract:

The grounds for allowing judicial review of arbitration awards are discussed. Statutory grounds include corruption, fraud, undue means, partiality, arbitrator misconduct, and an arbitrator exceeding its power. Non-statutory grounds include awards made in manifest disregard of the law or that violate public policy, and completely irrational or arbitrary and capricious awards.

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