Implications Of Nafta Traders V. Quinn

Law360, New York (May 25, 2011, 4:37 PM EDT) -- One of the main concerns that litigants have about arbitration is that there is very little appellate review. The fear of a “run-away” arbitrator with no real judicial review of an award has resulted in parties taking out arbitration clauses and inserting jury waiver clauses in their contracts. But a recent Texas Supreme Court opinion alleviates some of the judicial review concerns that have stigmatized arbitration and may once more make arbitration a more attractive alternative to the public justice system.

As background, the United States...
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