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Manifest Disregard And The Imperfect Procedural Justice Of Arbitration, Thomas V. Burch

Thomas V. Burch

Arbitration is an efficient dispute-resolution system that respects parties’ right to an accurate award. But because arbitration is designed to be efficient, accuracy is not guaranteed. This presents a challenge when courts are asked to confirm or vacate arbitrators’ decisions. Judges dislike approving inaccurate awards, especially in cases where parties have unequal bargaining power. Yet, judges also recognize arbitration’s limited-review principle. So they are forced to balance their desire for accuracy against arbitration’s efficiency policy. Efficiency typically wins at the expense of accurate outcomes.

This Article contends that courts place too much emphasis on the efficiency policy in mandatory arbitration. …

The Effect Of Forum Selection Clauses On A District Court's Power To Compel Arbitration, Thomas V. Burch

Thomas V. Burch

No abstract provided.

An Arbitrator's Authority To Award Attorney Fees For Bad-Faith Arbitration, Thomas V. Burch

Thomas V. Burch

No abstract provided.

Georgia General Assembly Adopts Manifest Disregard As A Ground For Vacating Arbitration Awards: How Will Courts Treat The New Standard?, Thomas V. Burch

Thomas V. Burch

No abstract provided.

Necessity Never Made A Good Bargain: When Consumer Arbitration Agreements Prohibit Class Relief, Thomas V. Burch

Thomas V. Burch

No abstract provided.