One of arbitration’s supposed virtues is that it’s fast and simple – streamlined, as many courts are fond of saying. As a consequence, arbitral awards generally do not need to be supported by any reasoning or rationale. Unless the parties have requested a specific form of award, an arbitrator may issue an award that does
arbitrator's award
Saint Vacatur’s Day: Feb. 3
By Liz Kramer on
Posted in Appealing Arbitration Decisions
The Sixth and Second Circuits addressed whether to vacate an arbitrator’s award recently. The Sixth Circuit vacated the award of an arbitrator who “exceeded his powers,” while the Second Circuit refused to vacate for “evident partiality.”
Based on the parties’ agreement, the Sixth Circuit considered vacatur under the Michigan Arbitration Act. In particular, the appellant…