Synopsis By: Lurie - Proceeding Author: Jan Vetter

Professor Vetter notes the conclusions of Judges Harry Edwards and Frank Easterbrook that, post-Misco, public policy should be equated with illegality, but expresses reservations about that conclusion and its usefulness. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may arguably have left out of account”; where a finding of illegality is conclusive as to whether the award violates such public interest. Where there is not illegality, and the Court vacates on public policy grounds, the decision should be expressed as a finding of no duty to bargain on the subject matter.