October 21, 2009

Should Arbitration Rulings Outrank the Law? It's a Feature, not a Bug Say Advocates!

Carroll Andrew Morse

I'm not entirely sure how authoritative this reference is, but the website called Rhode Island Arbitration –dot- com is promoting the fact that the decisions of arbitrators can take precedence over the law…

Did You Know…Courts cannot overturn an arbitration award.

Typically, the courts cannot overturn an arbitration award because the arbitrator made a mistake of law or fact. Even if a court would have decided the case differently under existing law, the court will still enforce an arbitration award that differs from what it would have decided.

The site has a definite astroturf feel to it, so the above "feature" may not be referring specifically to the law in Rhode Island.

But it sure does give a strong hint as to how much power arbitration advocates feel should be given to a few individuals over the lives of others, outside of any regular framework of electoral or legal accountability.