Appealing an Arbitration Award Without Going to Court

Judicial review of arbitration awards is extremely limited. Under the Federal Arbitration Act and California Code of Civil Procedure section 1286.2, courts may vacate an award only on narrow grounds. Errors of fact or law rarely qualify. In this program, Hon. Richard M. Aronson (Ret.) and Michael A. Zuckerman of JAMS examine an alternative that many practitioners overlook: appealing an award through the arbitral process rather than relying solely on the courts. The speakers examine how appellate arbitration works, how the reviewing tribunal is selected, and how arbitration providers differ on standards of review, remand authority, and available remedies. Justice Aronson and Mr. Zuckerman also address practical considerations, including time and expense, and how the availability of an arbitral appeal can affect the development of the record, arbitrator selection, settlement strategy, and arbitration clause drafting.