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No Do-Overs For Parties Who Agree To Limit Review Of An Arbitrator's Decision, Patrick Gill

Journal of Dispute Resolution

Under the FAA, review of arbitration awards is limited to specific circumstances. However, in many instances, these default rules can be modified by contractual provisions including increasing or decreasing the level of review of arbitration awards. Although a broader scope of review is contrary to the main purposes of arbitration, courts have held that a contractual provision expanding judicial review is permissible. Furthermore, in some limited circumstances, courts have held that a contractual limitation on judicial review is permitted by the FAA where the restriction is clearly manifested in the contract and the process will not become unfair as a …