Discretion in arbitration – Comment
January 1, 1971
In a further examination of the comparison of arbitral and judicial discretion, Marshall submits that there is little discernable distinction between the proper exercise of judicial, administrative and arbitral discretion; all require sound reasoning. The discretion afforded arbitrators transcends that of average trial judges, however, in that arbitrators function without a jury to decide issues of fact and arbitrators’ finding are rarely subject to review.