Improving Arbitration: Restoring Consensual Judicial Review of Arbitration Awards, and Expediting Review with Fast-Track Judicial Procedures
Abstract
The United States Supreme Court has often held that the primary virtue of arbitration is promoting freedom of contract, one of the great tools for self-determination. Although federal and state governments provide courts where parties can adjudicate every kind of legal dispute, our adherence to freedom of contract dictates judicial support when parties opt out of the court process and into a private dispute resolution procedure. Thus, even when parties walk away from our courts, the court system remains available to enforce their arbitration agreements.
COinS