Arbitration challenges on the rise

Challenges to awards add time and expense to the arbitration process.

, The National Law Journal


Arbitration allows parties to arrive at a resolution more quickly and cheaply than is possible through litigation, but a surge in challenges to arbitrators' decisions threatens to undermine the whole point of the process.

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What's being said

  • Bill Day

    Part of the problem, of course, is that arbitration tends to be unfair when it is forced on parties with weaker bargaining power, as in consumer and employment cases. Arbitration can be a useful tool between equals, but it should not be allowed in consumer and employment cases unless both parties truly manifest voluntary consent. People should not be deprived of their right to trial by jury based on contracts of adhesion.

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