Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Arbitration: Back To The Future, Theodore J. St. Antoine
Arbitration: Back To The Future, Theodore J. St. Antoine
Other Publications
A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …
Scope Of Review For Orders Confirming, Vacating, Or Modifying Arbitral Awards: An End To Deferential Standards - First Options Of Chicago, Inc. V. Kaplan, Michael G. Munsell
Scope Of Review For Orders Confirming, Vacating, Or Modifying Arbitral Awards: An End To Deferential Standards - First Options Of Chicago, Inc. V. Kaplan, Michael G. Munsell
Journal of Dispute Resolution
Congressional intent to make arbitration a viable alternative to traditional litigation is codified in the Federal Arbitration Act ("FAA"). Although the FAA and the subsequent case law have settled most questions about the details of the arbitration process, the United States Supreme Court in First Options took up the narrow issue of what standard of review should be used by an appellate court reviewing a district court decision vacating, confirming or modifying an arbitrator's order.' Facing the Court were two competing policies: the Court's own policy of keeping standards of review simple and rational against the Congressional policy of assuring …