Magazine article Dispute Resolution Journal

Key Issues on Proposed UAA Amendments Discussed

Magazine article Dispute Resolution Journal

Key Issues on Proposed UAA Amendments Discussed

Article excerpt

The issue of appealability of arbitral awards was a key topic in the discussion of proposed amendments to the Uniform Arbitration Act (UAA) at the annual meeting of the National Conference of Commissioners on Uniform State Laws (NCCUSL).

A drafting committee had proposed a section that provides for an arbitral award review mechanism. The proposed provision offers five alternatives-- two allow for judicial review, two allow for review of an award by another arbitral panel, and one provides for taking out any reference in the UAA of the appeal process.

At the annual meeting held in Denver in July, two opposing views emerged during the discussion on the appealability of arbitral awards, according to Eric Tuchmann, associate general counsel of the American Arbitration Association.

Tuchmann, who attended the meeting on behalf of the Association as an observer, said those who opposed the proposed revision expressed concerns that contracting for judicial review would only result in more litigation and that it would increase the cost of arbitration since parties would be more likely to retain court repO]7ters and take other action to create an arbitration record as a basis for appeal. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.