Originally from Dispute Resolution Journal

Although our perspectives on the subject undoubtedly vary-such wide interests are represented in the audience- we have come together on this special day with a common objective, which is the celebration of arbitration. To this end, I have the following few observations.

From my vantage point on the New York Court of Appeals, it appears that the courts of this state have, for a very long time, furnished a receptive climate in which domestic as well as international arbitrations can proceed in accordance with the agreement of the parties, without undue judicial interference. One of the most settled policies of this state has been the policy favoring the voluntary arbitration of disputes and the enforcement of predispute arbitration agreements. This is most evident in the court decisions upholding agreements to arbitrate, as well as the fact that judicial review of arbitration awards has been highly circumscribed. Our court has often stated that it would set aside an arbitration award on the ground that it is wholly irrational, but the fact remains that we have yet to come upon such a creature.