The reasoned arbitration award in the United States : its preparation, virtues, judicial erosion, and preservation / John Burritt McArthur.

Huntington, New York : Juris, [2019]

Huntington, NY : JurisNet LLC, [2019]

1 online resource (900 pages).

Juris arbitration law.

"The Reasoned Arbitration Award in the United States examines the increasing prevalence in US arbitrations of "standard" awards. which contain no reasons or explanations for their outcome. John Burritt McArthur explains that this phenomenon stems from the misconception that "silent" awards - awards that provide no reasons for their decisions - are less prone to challenge, are less time-consuming, more practical than reasoned awards, and are not sought out by the parties. This belief is not only wrong but is the result of a decision taken in 2011 by the Eleventh Circuit, Cat Charter LLC v. Schurtenberger, which subsequently became the precedent by which later courts confirmed awards in which the arbitrators explained nothing. Since the Cat Charter decision, challenges to the form of awards have begun to appear in many places, but the lack of an accepted, industry-wide definition of what a reasoned award really is and the dearth of guidance among the rules of major providers, case law and the literature, has only exacerbated the situation: Challenges to the form of awards - unknown in the 19th and 20th centuries - are being decided incorrectly by courts with confirmations of unreasoned awards that, perhaps through deference to the jurisdiction of arbitration, interpret the awards as reasoned. Further still, the frequent reference to the Cat Charter decision fosters the illusion that all courts agree on the basic standard of review which masks the actual conflict over what a reasoned award means and the need for a standard. The Reasoned Arbitration Award in the United States seeks to address this serious problem, which as the author demonstrates undermines the legitimacy of U.S. arbitration decisions. The treatise proposes a definition that would clear up the confusion and shed light on how damaging the Cat-driven standard for reasoned awards really is."--Publisher's website.

Includes bibliographical references and index.

Description based on Juris ArbitrationLaw title description page, viewed June 26, 2019.

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Juris arbitration law collection

English

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