Arbitration and the courts: Part 1. Erosion of the arbitration process by the courts: Can the award and opinion be immunized?
January 1, 1992
An examination of court decisions (post-Misco ) in which arbitration decisions have been vacated on grounds other than “public policy.” Such grounds include contractual limits on the arbitrator’s authority, the arbitrator’s adding to the terms of the CBA, failure of the decision to “draw its essence” from the CBA, and irreconcilability of the decision with “the plain language” of the CBA. A list of relevant court rulings is furnished.