Five Tips for State Courts Considering Whether to Vacate Arbitration Awards
By Liz Kramer, Arbitration Nation, October 29, 2014
This post has been viewed 2,215 times.
This post has been viewed 2,215 times.
For example, the subset of guidelines for state courts considering whether to vacate an award could include these five pearls of wisdom:
- Consider whether the Federal Arbitration Act applies to the dispute (ask the parties to brief that issue if they did not already).
- Do not rely on any cases before 2000. The law in this area has been evolving rapidly. [This could have changed the outcome of both Black Hills and Cedar Fair.]
- Do not use standards or language from labor law cases when considering whether to vacate cases that do not involve a collective bargaining agreement. The standards are different. See Associated Elec. Coop., Inc. v. Int’l Bhd. of Elec. Workers, Local No. 53, __ F.3d __, No. 12-3712, 2014 WL 1910604, at *6 (8th Cir. May 14, 2014). [This also could have changed the outcome of both Black Hills and Cedar Fair.]
- Consider the impact of the arbitral rules on the dispute (ask the parties to brief that issue if they did not already). For example, if AAA rules are mentioned in the arbitration agreement, the arbitrator has the powers outlined in those rules. [This could have changed the outcome of both Black Hills and Cedar Fair, but the opinion does not show whether any set of rules was incorporated.]
- Read Sutter. And Hall Street.
Tags:
