The U.S. Supreme Court on Nov. 7 will examine whether the Federal Arbitration Act allows parties to an arbitration agreement to expand judicial review of an arbitration decision beyond the statute's terms. The case demonstrates the tension between those who view the FAA's principal purpose as enforcement of an arbitration agreement's written terms and those who agree with party autonomy, but add economy and finality as of equal importance. The decision could have a significant impact on corporate practice.
November 02, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
For most of the 30 years that Donald J. Friedman has been handling commercial arbitrations, companies and their lawyers have been willing to use the procedure without all the “bells and whistles,” said the partner at Seattle-based Perkins Coie.
But now, he added, “My general sense is arbitration is not quite as popular as it had been.” Cautious litigators and risk-averse clients are seeking more judicial review, expanded document production and more depositions, he noted.
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