David Saxe Authors Article on Adding a Right of Appeal in Arbitration
Judge Saxe examines the benefits of adding an internal appellate review process to arbitration. Having an appeal process as part of an arbitration might help prevent irrational awards as arbitrators might feel a greater measure of responsibility to follow decided law knowing that their award will be subject to the scrutiny of an appellate arbitrator following customary standards of review employed by our immediate appellate courts when reviewing questions of law. Also, it may encourage non-users or reluctant users of arbitration to have a change of mind about its proper role and more importantly it would have the effect of promoting fairness in arbitration. In the attached article, Judge Saxe offers several suggested points for inclusion in the parties’ agreement when creating the appellate review process in an arbitration agreement.
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