ARBITRATION FINALITY AND THE PUBLIC-POLICY EXCEPTION

Authors
Citation
Bf. Ashe, ARBITRATION FINALITY AND THE PUBLIC-POLICY EXCEPTION, The Arbitration journal, 49(3), 1994, pp. 22
Citations number
NO
Categorie Soggetti
Industrial Relations & Labor",Law
Journal title
ISSN journal
00037893
Volume
49
Issue
3
Year of publication
1994
Database
ISI
SICI code
0003-7893(1994)49:3<22:AFATPE>2.0.ZU;2-Y
Abstract
The use of binding arbitration in the resolution of labor disputes has become standard practice. U.S. Supreme Court decisions arising out of celebrated cases have reinforced the judicial understanding that deci sions of arbitrators are largely final and binding and should not be s et aside unless they involve fraud or illegality. Yet, ''Efforts to ut ilize public policy as the basis for setting aside arbitration awards have generated an abundance of state and federal litigation,'' says th e author. In this paper he examines this recent phenomenon's ''viabili ty in the face of the deference generally given to ... arbitration dec isions.''