Most Consumers contend that arbitration awards favor large corporations that insert arbitration clauses in consumer and employment agreements, in part because the Arbitration Organizations and arbitrators receive all their repeat business from the Corporations, not the consumers and employees. If the arbitrators ruled consistently in favor of the consumers and employees the Corporations would eliminate the arbitration clauses or use a different arbitration service. Once an arbitration award is issued however, even for an amount not allowed by law, it will normally be conformed as a judgment by the courts. The Eighth Circuit Court of Appeals recently affirmed a District Court judgment enforcing an arbitration award even though it awarded substantially more than allowed by the limit of liability clause in a construction contract. The Court ruled that mistakes of fact or law by the arbitrator are not grounds for vacating the award. Beumer Corp v ProEnergy Services, ( U.S. Court of Appeals for the Eighth CIrcuit, August 2018)
Arbitrators May Award More Than Permitted By Law
On Behalf of David M. Duree and Associates, P.C. | Nov 21, 2018 | Uncategorized
Categories
Archives
- December 2022 (1)
- October 2022 (1)
- August 2022 (2)
- April 2022 (1)
- February 2022 (1)
- December 2021 (1)
- October 2021 (1)
- August 2021 (1)
- July 2021 (1)
- April 2021 (1)
- February 2021 (1)
- December 2020 (1)
- September 2020 (1)
- July 2020 (1)
- May 2020 (1)
- April 2020 (3)
- March 2020 (5)
- February 2020 (6)
- January 2020 (8)
- December 2019 (5)
- November 2019 (6)
- October 2019 (5)
- September 2019 (6)
- August 2019 (6)
- July 2019 (5)
- June 2019 (5)
- May 2019 (7)
- April 2019 (3)
- March 2019 (9)
- February 2019 (7)
- January 2019 (7)
- December 2018 (8)
- November 2018 (17)
- October 2018 (13)
- September 2018 (6)
- August 2018 (7)
- July 2018 (5)
- June 2018 (7)
- May 2018 (6)
- April 2018 (5)
- March 2018 (3)