There is a "middle ground" that must be sought between "pure efficiency and abstract justice" that provides the proper scope of judicial review of arbitration awards, says Olivier Antoine. That middle ground is a narrow review of awards that works in tandem with court-created general principles "potentially applicable to all grounds of review." Antoine provides a comprehensive examination of the statutory and nonstatutory or contractual grounds of judicial review against a backdrop of important evolving case law.
Arbitration is the process by which private parties choose to submit a dispute to a neutral third party: the arbitrator. The arbitrator will decide the dispute and render an award that is deemed to be final and binding. However, if one of the parties is dissatisfied with the outcome, he may enter an action to vacate1 the award before a judge.2 Conversely, if the losing party refuses to comply with the award, the other party will have to request the confirmation3 of the award before a judge to have the award enforced.