Arbitral Justice: The Demise of Due Process in American Law - Chapter 6 - Carbonneau on Arbitration: Collected Essays
Thomas E. Carbonneau holds the Samuel P. Orlando Distinguished Professorship at Penn State Law and directs The Penn State Institute on Arbitration Law and Practice. In his thirty-year career in law teaching, he has taught law and arbitration at Tulane University, Fordham, McGill, University of Denver, Hamline Dispute Resolution Institute, and University of California at Davis. He is a former Editor-in-Chief of the World Arbitration and Mediation Report and is the author of nearly twenty books and numerous articles on law and arbitration. He is the faculty adviser for the Penn State Yearbook on Arbitration and Mediation and its Vis Moot Court team.
I. THE ARBITRAL PROCESS: AN INTRODUCTORY DEFINITION
Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitrations provide for flexible proceedings and do not require the strict application of legal rules. A standard contract provision mandating the submission of disputes to arbitration ordinarily is the gateway to the process.1
The agreement to arbitrate constitutes a waiver of other possible remedies for resolving disputes, including a formal judicial tria1.2 The parties to the arbitration agreement name the arbitrators who act as the adjudicators of the matters submitted to arbitration.3 Arbitrators function as private judges and are usually experts in the matter submtted to arbitration. The arbitral tribunal's determinations, known as awards, are usually simpler and less costly than their judicial counterpart and are more quickly rendered. Appeal against an award is generally either unavailable or unavailing.4