A Practical Approach to Affording Review of Commercial Arbitration Awards: Using an Appellate Arbitrator - Chapter 31 - AAA Handbook on Arbitration Practice

Author(s): 

Paul Bennett Marrow

Page Count: 

10 pages

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Published: 

August, 2010

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Originally from: AAA Handbook on Arbitration Practice

 

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CHAPTER 31

A PRACTICAL APPROACH TO AFFORDING

REVIEW OF COMMERCIAL ARBITRATION

AWARDS: USING AN APPELLATE ARBITRATOR

Paul Bennett Marrow∗

I. Introduction

This chapter focuses on an option suggested by Judge Richard

Posner in Chicago Typographical Union v. Chicago Sun-Times:1 that

appellate review of arbitral awards be handled as part of the arbitration

process itself, without the involvement of the judiciary. This proposal has

received little attention in the literature. Here the practical implications

of implementing appellate arbitral review are discussed in detail.

I do not advocate providing for arbitral appellate review for every

dispute.2 Appellate review, in some form is appropriate only when the

nature of the claim requires the arbitrator to resolve legal issues. The

failure of an arbitrator to follow the law can lead to an appearance of

“lawlessness”3 and in some extreme cases can even be characterized as a

“manifest disregard” of the law. The problem is that while manifest