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Arbitration Awards Not Subject to Dilution

By ALM Staff | Law Journal Newsletters |

Arbitration awards are subject to limited judicial review. May parties contract to further limit the review afforded by courts to an award? The Second Circuit ruled parties may not seek to lower the standard of review of an arbitration award to be applied by a court. Hoeft v. MVL Group, 343 F.3d 57 (2d Cir. 9/3/03) (Parker, Raggi, and Goldberg, Cir. Judges).

The parties' arbitration agreement selected an arbitrator and provided that his decision “shall not be subject to any type of review or appeal whatsoever.” The arbitrator awarded $1.4 million in damages to the prevailing party and the losing party challenged the award. The district court vacated the award, finding that the arbitrator's award was issued in manifest disregard of the law. On appeal, the prevailing party argued that the arbitration agreement barred judicial review of the award.

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