“Short of authorizing trial by battle or ordeal or, more doubtfully, by a panel of three monkeys, parties can stipulate to whatever procedures they want to govern the arbitration of their disputes.” Baravati v. Josephthal, Lyon & Ross (Seventh Circuit, 1994)

Party autonomy, a cornerstone of arbitration, permits the parties to select the procedure to be applied in their arbitration. While party autonomy may not be as sweeping as the description from Baravati v. Josephthal, Lyon & Ross suggests, few legal restrictions exist. There are instances, however, where party autonomy and legal restrictions collide. One is the appeal of arbitration awards based on errors of law, a subject on which there is little clarity.

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