Originally from:

Journal of American Arbitration (JAA) - Vol. 1, No. 2

Preview Page

ARTICLES

“Arbitrability” and Judicial Review: A Brief Rejoinder

By Alan Scott Rau

I. THIS IS “ARBITRABILITY”
“How few people think . . . things[,] not words.” 4
Let’s begin with what is probably the most common, and surely the
least problematic, of cases—an arbitration clause that tells us that “errors
of law shall be subject to appeal.”5
It is, I take it, a perfectly unexceptional—and therefore
uninteresting—point that contracting parties can tailor the scope of
“arbitrable issues” as they wish, to fit their own particular needs,
circumstances, or desires. They may agree to arbitrate claims of breach
of contract—but not claims of misappropriation of trade secrets; they
may choose to arbitrate claims of past breaches—but not claims for
future adjustments of the contract. So also, they can vary the many