Civil Litigation,
Alternative Dispute Resolution
Apr. 2, 2016
Arbitrator awards are extended great deference... usually
As most litigators are aware, the overwhelming majority of courts manifest substantial deference to arbitrator's decisions in order to avoid undermining the traditional finality and efficiency of arbitration.
Peter R. Boutin
Senior Counsel
Keesal, Young & Logan PC
450 Pacific Avenue
San Francisco , CA 94133
Email: peter.boutin@kyl.com
Santa Clara Univ SOL; Santa Clara CA
As most litigators are aware, the overwhelming majority of courts manifest substantial deference to arbitrator's decisions in order to avoid undermining the traditional finality and efficiency of arbitration. Among the small number of cases arguably featuring the level of arbitrator "misconduct" necessary to vacate an award under the Federal Arbitration Act (FAA), however, no clear analytical standard is discernable. A recent case underscores that reality.
In February, a U.S. Distric...
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