Abstract
Courts should refuse to confirm arbitrators’ awards when arbitrators fail to comply with the terms of an arbitration agreement requiring them to disclose significant information about themselves. When Congress enacted the FAA, it made it clear that it wanted contracts to arbitrate enforced according to the parties’ agreement. The parties’ agreement includes the disclosure requirements to which the parties have negotiated themselves or to which they have agreed by electing to follow the procedures of an arbitration association such as the AAA. Parties to arbitration lack the protection that court litigants have from potentially biased judges. Consequently, there is a greater need for them to be able to protect themselves. If courts refuse to enforce the parties’ disclosure requirements for arbitrators, the net effect may be to discourage resort to arbitration–exactly the opposite of what Congress intended when it passed the FAA.
Recommended Citation
Leonard E. Gross & Howard L. Wieder,
Should Parties’ Disclosure Requirements for Arbitrators be Honored by Courts: Positive Software Solutions, Inc. v. New Century Mortgage Corporation,
33
S. Ill. U. L.J.
71
(2008).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol33/iss1/3