Arbitration is commonly considered to be an efficient and expeditious alternative dispute resolution platform for litigants seeking to avoid the tedious and procedurally complex nature of our state and federal court systems. However, this platform is not without pitfalls. One critical shortcoming of arbitration, as it is generally practiced today, is the freedom arbitrators have to skirt precedent or to fashion unexpected award remedies.

We think a course-correction is called for and suggest that such a correction might take the form of a more critical approach by appellate courts in re-examining and possibly re-fashioning determinations made on appeals from arbitration confirmation proceedings and in addition, the provision of a more robust appellate review process woven into the arbitral process itself as a remedy to address what we, and other practitioners see as a significant problem lurking within the arbitral process.