Kara Sears
Arbitration is a private process where a dispute is resolved by an independent third party, whose decision is binding on the disputing parties. Arbitration cases are usually confidential, but some sources provide access to case laws and arbitration court decisions. For instance, Justia Dockets & Filings provides public litigation records from federal appellate and district courts in the U.S. The website also offers free newsletters featuring summaries of federal and state court opinions. Similarly, the International Chamber of Commerce (ICC) publishes information on ICC cases, including the names of the arbitrators, their nationalities, and whether the arbitration is pending or closed.
| Characteristics | Values |
|---|---|
| Website | Justia Dockets & Filings |
| Website | ICC Case Information |
| Website | Justia Law |
| Type | Other Statutes: Arbitration |
| Court | Third Circuit › New Jersey › U.S. District Court for the District of New Jersey |
| Cause of Action | 9 U.S.C. § 9 Motion to Confirm Arbitration Loan |
| Case | Major League Baseball Players' Ass'n v. Garvey |
| Case | First Options of Chicago, Inc. v. Kaplan |
| Case | C & L Enterprises, Inc. v. Citizen Band Potawatomi Tribe of Oklahoma |
| Additional Information | Names of the arbitrators, their nationality, their role within a tribunal, the method of their appointment, and whether the arbitration is pending or closed |
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What You'll Learn
Court review of arbitration awards
In the United States, there is no specialist arbitration court. Therefore, all applications to recognise and enforce awards are brought in courts of plenary jurisdiction. A domestic award may be confirmed only in a court in the district where the arbitration was seated. The Federal Arbitration Act (FAA) does not permit the appeal of an award, but it does allow a party to move to modify or correct an award to effect the intent of the award and promote justice between the parties. This can be done if the award contains an evident material miscalculation of figures, the arbitrators decided on a matter that was not submitted to them, or the form of the award is imperfect.
US courts must typically review the tribunal's findings 'with considerable deference'. An arbitration award cannot be avoided solely on the grounds that an arbitrator may have made an error of law or fact. However, there is an exception for matters of substantive arbitrability. Substantive arbitrability is a matter for the courts unless the parties agreed to arbitrate those questions.
If a party wishes to have appellate review, this can be done by contract. All major arbitration providers have provisions that parties can incorporate into their arbitration clause to allow review of an award by a panel of appellate arbitrators. However, it is unlikely an award will be overturned on substantive factual or legal grounds.
In terms of finding case laws and court decisions, arbitration cases, dockets, and filings can be found on websites such as Justia Dockets & Filings. Additionally, websites such as Advocate Magazine and Global Arbitration Review provide information on the review, reconsideration, and correction of arbitration awards.
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Employment and labour arbitration
Labour arbitration laws exist at both the federal and state levels in the US. They govern the labour arbitration process, establish the rights of employees to engage in collective bargaining, and provide a legal framework for labour arbitration cases.
In the US, the Federal Arbitration Act (FAA) renders most employment-related arbitration agreements enforceable, except for those involving transportation workers engaged in the movement of goods in interstate commerce. The Supreme Court has ruled that agreements to arbitrate employment-related disputes are enforceable under the FAA for disputes between employers and employees.
The US Equal Employment Opportunity Commission (EEOC) has also addressed arbitration in the context of employment discrimination disputes, adopting a Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment in 1997. However, subsequent Supreme Court decisions have conflicted with this Policy Statement, including cases such as Wright v. Universal Maritime Service Corp. and Circuit City Stores v. Adams, which held that employment-related arbitration agreements are enforceable under the FAA.
When preparing for an employment or labour arbitration case, practitioners should collect relevant documents such as employment contracts, emails, disciplinary records, witness statements, and pertinent policies. They should study the contract to identify clauses relevant to the dispute, interview relevant parties, and examine and organise all records and documents. Visiting the physical premises involved in the dispute can also help to develop a persuasive case theory.
In terms of finding case laws and court decisions related to employment and labour arbitration, online databases such as Justia Dockets & Filings provide public litigation records from federal appellate and district courts, including arbitration cases and filings. Bloomberg Law is another resource that offers case law, expert analysis, and news related to labour arbitration law. Additionally, the US Federal Labor Relations Authority (FLRA) website provides information on arbitration cases and procedures, including guides and training materials.
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Arbitration case dockets and filings
Justia Dockets & Filings
Justia Dockets & Filings is a valuable resource for accessing arbitration case dockets and filings. It offers public litigation records from federal appellate and district courts in the United States. While these records provide insights into arbitration cases, it's important to note that they are not considered findings of fact or liability and may not reflect the official stance of Justia. The platform allows users to browse cases by court type, including the Third Circuit, Tenth Circuit, and more.
FINRA's Arbitration Awards Online (AAO)
FINRA, the Financial Industry Regulatory Authority, maintains a comprehensive database called Arbitration Awards Online (AAO). This database enables users to search for FINRA arbitration awards and those of predecessor organizations like the National Association of Securities Dealers. AAO allows searches using various parameters, including case ID, keywords, names, date ranges, and document types. Awards can be conveniently viewed, printed, or downloaded as text-searchable PDFs. However, it's important to independently verify the status of awards as AAO may not always reflect whether a court has confirmed, modified, or vacated an award.
By utilizing these online resources, individuals can access valuable information about arbitration case dockets and filings, facilitating their research and understanding of arbitration processes and outcomes.
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ICC case information
The International Criminal Court (ICC) publishes information on its website about its cases, including the following:
- The names of individuals charged, suspected, or acquitted
- The charges brought against them, including crimes against humanity and war crimes
- Updates on the status of the case, such as whether the individual is in the Court's custody, whether the case is in the Pre-Trial stage, or whether the individual has been sentenced
- Details of the crimes, such as the dates and locations they were allegedly committed
For example, the ICC website provides information on the case against Ali Muhammad Ali Abd-Al-Rahman, who is suspected of 31 counts of war crimes and crimes against humanity committed in Darfur, Sudan, between August 2003 and April 2004. The website also mentions that Abd-Al-Rahman's trial began on 5 April 2022, with 56 witnesses appearing during the presentation of the Prosecution's case.
In addition to the ICC, there is also the International Chamber of Commerce (ICC), which provides some information on arbitration cases on its website. This includes the names of arbitrators, their nationalities, their roles within a tribunal, the method of their appointment, and whether the arbitration is pending or closed. For cases registered as of 1 January 2020, additional information is provided, such as the sector of industry involved and the counsel representing the parties.
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Judicial review of arbitration
For example, under the California Arbitration Act (CAA), an adverse award is subject to judicial review, where any party can petition the superior court to either vacate or correct the award. However, this review is typically restricted by statute, and petitions often face significant procedural and substantive challenges. To initiate the review process, it is essential to ensure that the award is "final" and to identify specific grounds under the CAA to support the challenge.
The grounds for vacating an award under the CAA include instances where:
- The award was procured by fraud or corruption;
- There was corruption in the arbitrator;
- The arbitrator committed misconduct resulting in substantial prejudice;
- The arbitrators exceeded their powers;
- The arbitrator refused to postpone a hearing, hear evidence, or otherwise violated the CAA, resulting in substantial prejudice;
- The arbitrator refused to disclose grounds for disqualification.
On the other hand, correcting an award under the CAA is typically based on grounds such as a mistake, miscalculation, or a mistake in form. Importantly, legal errors committed by the arbitrator are generally not grounds for challenging the award, unless the arbitration agreement specifically provides for it.
When considering judicial review of arbitration decisions, it is crucial to be mindful of deadlines. Failure to file a petition within the specified timeframe can significantly impact the chances of success. Additionally, given the limited nature of judicial review under acts like the CAA, it is essential to carefully weigh the costs and benefits before initiating any post-award legal proceedings.
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Frequently asked questions
You can find case laws and arbitration court decisions on online databases such as Justia and the International Chamber of Commerce (ICC).
The ICC website provides information on cases registered as of 1 January 2016, including the names of arbitrators, their nationalities, their roles within a tribunal, and the method of their appointment. For cases registered after 1 January 2020, additional information such as the sector of industry involved and the counsel representing the parties is also available.
Justia provides public litigation records from federal appellate and district courts. Cases involving arbitration include those related to court review of arbitration awards, employment and labour arbitration, and securities and consumer arbitration.
Some examples of arbitration court decisions include Major League Baseball Players' Ass'n v. Garvey, Preston v. Ferrer, and First Options of Chicago, Inc. v. Kaplan. These cases often involve the review of an arbitrator's decision, the enforceability of arbitration agreements, and the authority of arbitrators.
