CHAPTER 43

ENFORCEABILITY OF RELIGIOUS ARBITRATION
AGREEMENTS AND AWARDS

Steven C. Bennett

I. Introduction

general principles of enforceability apply, novel First
Amendment and public policy considerations can arise when religious
forms of arbitration are used.

Arbitration is the process of settling disputes between parties by a
private tribunal. Courts favor arbitration because it can provide a speedy,
informal, and inexpensive alternative to litigation, and may reduce a
court’s docket.

The court’s role with regard to review of the merits of an arbitration
decision is limited by statute. A court generally may vacate an award
only when fraud, corruption, or denial of due process has tainted the
legitimacy of the award.1 When review is allowed, it generally will be
very deferential.

When parties agree to have their disputes settled by a religious
tribunal, however, certain novel issues may arise. This article explores
the enforceability of religious arbitration agreements and awards, as
well as the First Amendment and public policy considerations that can
arise when religious forms of arbitration are used. Before turning to
these issues, it is helpful to discuss some basic principles of
arbitration.