American Arbitration Association Files Amicus Brief Opposing Expanded Judicial Review of Arbitration Awards In The U.S. Supreme Court Case Hall Street Associates, L.L.C. v. Mattel, Inc.
NEW YORK, September 17, 2007 – LAWFUEL – The Legal Newswire – On Friday, September, 14, 2007, the American Arbitration Association (AAA), the world’s leading provider of conflict management and dispute resolution services, filed an amicus curiae brief with the U.S. Supreme Court in Hall Street Associates, L.L.C v. Mattel, Inc. in support of the position that agreements to expand judicial review of arbitration awards are not enforceable.
“The AAA filed an amicus brief to provide the Supreme Court with insight on the practical impact that contractual agreements for expanded judicial review of arbitration awards would have on the arbitration process,” said Eric P. Tuchmann, general counsel and corporate secretary, American Arbitration Association. “Such agreements would erode the benefits of the arbitration process, frustrate Congress’s intent to limit judicial involvement in arbitration awards, and violate the terms of the Federal Arbitration Act itself. The structure of the FAA, as well as prior decisions of the Court, reflect that party autonomy extends to the full scope of the arbitration process but does not expand into judicial oversight of the arbitration process. By affirming the Ninth Circuit Court of Appeal’s decision, the Court can respect party autonomy in arbitration while preserving the nature of arbitration as an expeditious, private alternative to litigation,” he added.
Mr. Tuchmann is available for further comment on the Amicus brief as well as to discuss the arbitration process. David W. Rivkin, chairman of the AAA’s law committee, partner with Debevoise & Plimpton LLP, and counsel for the AAA on the amicus brief is also available for comment. To speak with Mr. Tuchmann or Mr. Rivkin, or to obtain a copy of the amicus brief, please contact Wayne Kessler at 212-716-3975 or kesslerw@adr.org.
About the American Arbitration Association
The global leader in conflict management since 1926, the American Arbitration Association is a not-for-profit, public service organization committed to the resolution of disputes through the use of arbitration, mediation, conciliation, negotiation, democratic elections and other voluntary procedures. In 2006, more than 137,000 cases were filed with the Association in a full range of matters including commercial, construction, labor, employment, insurance, international and claims program disputes. Through 29 offices in the United States, Ireland and Mexico, the AAA provides a forum for the hearing of disputes, rules and procedures and a roster of impartial experts to resolve cases. Find more information online at www.adr.org.
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