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
excess of authority
Arbitration 101: A Reminder that Review of Arbitral Awards is Narrow
By Henry Allen Blair on
Posted in ArbitrationNation Roadmaps (primers)
Pick up any textbook or treatise on arbitration law, and you’ll find the same thing in the chapter on enforcing arbitral awards: courts cannot conduct a merits review of awards. Courts, in other words, do not second guess the conclusions of the arbitrators about law or facts.
Or at least they’re not supposed to do…