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Judicial Review of Arbitration - Chapter 33 - AAA Handbook on Commercial Arbitration, Third Edition

Author(s): 
Kenneth M. Curtin
Page Count: 
30 pages
Published: 
March, 2016
Author Detail: 

Kenneth M. Curtin is a Partner at Ruden, McCloskey, Smith, Schuster & Russell, P.A. in West Palm Beach, Florida. He specializes in complex commercial and construction litigation in state and federal courts and in arbitration and other ADR proceedings. Curtin received a B.A. magna cum laude from University of South Florida, a J.D. from University of Florida College of Law, and an M.B.A. from Florida Atlantic University.  This chapter was originally published in the Ohio State Journal on Dispute Resolution, vol. 15 (2000).

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Originally from:

AAA Handbook on Commercial Arbitration, Third Edition

CHAPTER 33

JUDICIAL REVIEW OF ARBITRATION PART ONE:  CONTRACTUAL EXPANSION AND LIMITATION OF JUDICIAL REVIEW OF ARBITRAL AWARDS

Kenneth M. Curtin

I. Introduction

As the cost and delay of litigation in national courts continue to rise, parties contemplating a contractual relationship have sought alternative methods of dispute resolution. One of the most prevalent techniques of alternative dispute resolution is arbitration. In fact, in recent decades, a profusion of organizations have sprung into being specializing in both national and international arbitration.  Different countries have also encouraged the use of arbitration by passing legislation recognizing, both nationally and internationally, the enforceability of agreements to arbitrate and any corresponding arbitral awards. Furthermore, national courts have encouraged the use of arbitration by liberally interpreting these national and international accords in favor of arbitration.