William W. Park

Symposium Subtitle

Arbitrator as Judge . . . And Judge of Jurisdiction

First Paragraph

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.



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