The Contractarian Model of Arbitration and Its Implications for Judicial Review of Arbitral Awards

Authors

Paul F. Kirgis, Alexander Blewett III School of Law at the University of MontanaFollow

Document Type

Article

Publication Date

2006

First Page

1

Volume

85

Issue

1

Source Publication Abbreviation

Or. L. Rev.

Abstract

Those who favor the current system of virtually unlimited and unreviewable arbitration can forestall change—and even avoid engaging in a sustained policy discussion—by falling back on those defenses. While it is not possible to resolve the policy issues finally, it is possible to assess whether the principle of party autonomy, coupled with applicable legal doctrine, justifies the degree of deference courts have adopted. That is what I attempt in this Article. I argue that, at least in certain classes of cases, the principle of party autonomy requires greater judicial scrutiny of arbitral awards. I argue further that this result is doctrinally compelled by basic tenets of contract law that operate independently of—and cannot be preempted by—the FAA

Recommended Citation

Kirgis, Paul F., "The Contractarian Model of Arbitration and Its Implications for Judicial Review of Arbitral Awards" (2006). Faculty Law Review Articles. 105.
https://scholarworks.umt.edu/faculty_lawreviews/105