Contracting for Judicial Review of Arbitration Awards: Can an Errors of Law Clause Provide Two Bites of the Apple - Gateway Technologies, Inc. v. MCI Telecommunications Corp.

Citation data:

Vol: 1997, Issue: 1

Publication Year:
1997
Usage 314
Downloads 312
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Repository URL:
https://scholarship.law.missouri.edu/jdr/vol1997/iss1/9
Author(s):
McCartney, Brian T.
Tags:
contracting; judicial review; arbitration awards; arbitration; errors of law clause; gateway technologies; mci telecomunications; Dispute Resolution and Arbitration; Law
artifact description
This Note will proceed in five sections. Section II will set forth the factual framework of the Gateway case and the holding of the Fifth Circuit. Section III will briefly examine the legal background behind the standard of review for arbitration awards. Section IV will explore the analysis and decision of the Fifth Circuit in Gateway. Finally, section V will comment on the Gateway court's holding and discuss its policy implications. This Note will conclude that arbitration agreements which purport to provide judicial review for "errors of law" violate separation of powers and the public policy which underlies arbitration. Consequently, the "errors of law" clauses must be disallowed.