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Public Policy Exception: A Narrow Exception To Judicial Review Or An Independent Means Of Avoiding Arbitration Agreements - Exxon Corp. V. Baton Rouge Oil And Chemical Workers Union, The, Elizabeth Tenorio
Journal of Dispute Resolution
The Federal Arbitration Act advances a strong desire to encourage parties in labor management disputes to utilize arbitration in lieu of litigation.' For this reason, judicial review of an arbitrator's award is construed narrowly by three specific provisions? In recent years, a public policy exception to this strict standard of review has developed,4 and its use has exploded. This Note discusses the impact of this public policy exception on both arbitration and judicial forums. In addition, this Note highlights the potential for abuse when the exception is not limited and applied with care.
Just Saying No: Avoiding Predispute Agreements To Arbitrate In Securities Cases, Jim Parks
Just Saying No: Avoiding Predispute Agreements To Arbitrate In Securities Cases, Jim Parks
Journal of Dispute Resolution
This Comment will explore the current state of securities arbitration and will examine the advisability of arbitration in a securities context. In addition, this Comment will consider avenues of relief open to the securities plaintiff who is seeking to avoid arbitration.