Methods of Appeal Against a Commercial Arbitration Award

Abstract

A commercial arbitration award, whether domestic or international, is subject to various methods of challenge for review before its enforcement. It is generally recognized that arbitration serves as an alternative system to the judiciary; therefore, it must be granted a certain degree of independence procedurally, legally, and judicially. The award issued should enjoy a high degree of authority, a standard that we have seen reflected, at least relatively, in international arbitration. In contrast, subjecting a domestic arbitration award to multiple avenues of review undermines one of the arbitration system’s best features—its speed in resolving disputes—and weakens its authority, independence, and effectiveness as an alternative judicial mechanism that alleviates pressure on the courts. Ideally, the legislator should establish a single, unified avenue of challenge for domestic arbitration, as is the case in international arbitration.