The arbitration process: 2. Arbitral craftsmanship and competence

Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1) be enforceable and impervious to legal attack, 2) deter legal challenges (i.e., provide no legal “handle” for appeal) and 3) satisfy the losing party that they have had their “day in court” before a competent neutral who rendered a fair award. The authors enumerate and describe the ways in which arbitrators have failed to achieve these objectives: 1) ignoring or contradicting the CBA, 2) directing or condoning a breach of law or public policy, 3) rendering an incomplete award and 4) exceeding the authority granted by the CBA or the submission.