Arbitrator as Judge . . . And Judge of Jurisdiction
Few matters prove as slippery as the allocation of tasks between judges and arbitrators in commercial disputes. A choice to arbitrate implicates waiver of access to otherwise competent courts in favor of adjudication which is both private and binding. Respect for this bargain means that judges should not normally disturn an arbitrator's substantive conclusions.
William W. Park, A Cautionary Tale on Arbitral Authority: Judges, Arbitrators and the Stolt-Nielsen Decision, 3 200 (2011).