Presidential address: Bye bye Trilogy, hello arbitration

Professor Feller observes that courts, enforcing the arbitration provisions of both commercial and labor agreements, will rarely set aside a commercial award. However, courts will set aside labor arbitration awards that offend them, on the premises of “public policy” or failure to “draw its essence” from the CBA. Thus, there is no longer reason to celebrate the Steelworkers Trilogy as bestowing a favored status on labor arbitration.