Karl and I have written about arbitral awards and their potential appealability, and we’ve blogged on the subject several times (most recently here). Here in the Fifth Circuit, it is permissible to write a provision for appeal into an arbitration clause, allowing for judicial review of an arbitral award on a basis other than the extremely limited basis provided by the Federal Arbitration Act or the Texas Arbitration Act. However, not all jurisdictions allow parties to draft judicial review of arbitral awards into their contracts.
This morning, the U.S. Supreme Court granted cert in a case which should settle this issue. For more on the case itself, see the always thorough Supreme Court Blog. In the meantime, we will be following this case (Hall Street Associates vs. Mattel) with baited breath.
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