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Full-Text Articles in Law
Contracting For Judicial Review Of Arbitration Awards: Can An Errors Of Law Clause Provide Two Bites Of The Apple - Gateway Technologies, Inc. V. Mci Telecommunications Corp., Brian T. Mccartney
Contracting For Judicial Review Of Arbitration Awards: Can An Errors Of Law Clause Provide Two Bites Of The Apple - Gateway Technologies, Inc. V. Mci Telecommunications Corp., Brian T. Mccartney
Journal of Dispute Resolution
This Note will proceed in five sections. Section II will set forth the factual framework of the Gateway case and the holding of the Fifth Circuit. Section III will briefly examine the legal background behind the standard of review for arbitration awards. Section IV will explore the analysis and decision of the Fifth Circuit in Gateway. Finally, section V will comment on the Gateway court's holding and discuss its policy implications. This Note will conclude that arbitration agreements which purport to provide judicial review for "errors of law" violate separation of powers and the public policy which underlies arbitration. Consequently, …
Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich
Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich
Thomas J. Stipanowich
In this sequel to his 1986 article on punitive damages in arbitration, Professor Stipanowich explores the issues at the heart of the debate over whether punitive or exemplary damages should be available in arbitration between investors and securities brokers and firms. He critiques relevant proposals by the NASD’s Ruder Commission and examines mechanisms for more effectively addressing the punitive damages issue. This article predates and foreshadows the eventual recognition of the authority of securities arbitrators to award punitive damages.