Judicial Review Under the Federal Arbitration Act - Explained
Federal Arbitration Act Rules on Judicial Review
Written by Jason Gordon
Updated at April 3rd, 2023
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What is Review Under the Federal Arbitration Act?
In cases involving federal matters, the Federal Administration Act controls the procedures. The procedures of the FAA are binding upon both state and federal courts when called upon to review an arbitration.
Next Article: Enforcing Arbitration Awards Back to: ALTERNATIVE DISPUTE RESOLUTION
What is the Review Procedure Under the Federal Arbitration Act?
Once an award is entered by an arbitrator or arbitration panel, it must be "confirmed" in a court of law. Per the FAA, awards must be confirmed within one year. A losing party must object and challenge the award within three months.
- Note: As a federal law, the FAA trumps state statutes that conflict with its provisions. For example, the FAA trumps state laws that allow for a challenge of arbitration awards in a manner that differs from the provisions of the FAA.
Discussion Question
Do you think that the provisions of the FAA requiring a court to confirm an arbitration award make the arbitration process more fair? Why or why not? Do these provisions help to ensure the mandatory arbitration statute observes Constitutional rights? Why or why not?
Practice Question
Erica is a party to an arbitration under the Federal Arbitration Act. She prevails over Joseph receives an award from the arbitrators. Does Joseph have any options to challenge the award?
- Erica must enter the arbitration award into the court for enforcement within one your of the arbitrator's award. Joseph has 3 months from the date of entry to challenge the award. If he does not do so, the award will be confirmed and enforceable. If he challenges the award under a contract theory for voluntary arbitration or reject the award in a mandatory arbitration.
Related Topics
- Alternative Dispute Resolution (Intro)
- What is the Settlement of a Legal Dispute?
- Demand Letter
- What is Mediation?
- What are the advantages and disadvantages of Mediation?
- How Do Parties Initiate Mediation?
- What is the process for carrying out a mediation?
- What is the process for challenging a mediation agreement?
- What is Arbitration?
- What are the Advantages of Arbitration
- Initiating Arbitration Voluntary and Statutorily Mandated Arbitration?
- What is the procedure for carrying out an arbitration?
- Rules governing the arbitration Federal Arbitration Act
- What is the Judicial Review of Voluntary Arbitration?
- What is the Judicial Review of Mandatory Arbitration?
- What is Review under the Federal Arbitration Act?
- How are Arbitration Awards enforced?
