“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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
