Conflicting Interpretations of the One-Year Requirement on Motions to Confirm Arbitration Awards
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INTRODUCTION|For years, both individuals and businesses have used arbitration to resolve their disputes instead of resorting to the traditional court system. Arbitration provides a better choice for businesses because it is less adversarial than traditional litigation and as such, may help foster future business relationships. Another advantage is that arbitrators will likely be experts in the business field wherein the dispute arose. All of these factors make arbitration an attractive alternative to traditional litigation. The Federal Arbitration Act ("FAA") governs commercial arbitration by providing parties with guidelines and enforcement mechanisms for their arbitrated disputes. The FAA allows a party to force arbitration when an agreement exists and the other party is refusing to arbitrate, describes how an arbitrator is to be appointed, gives arbitrators the power to compel the attendance of witnesses, allows a party to confirm an arbitration award as a court judgment, and also allows for the vacation of an arbitration award in limited circumstances. Thus, even though arbitration is a form of alternative dispute resolution, the FAA ensures that arbitration has the same power and ability to decide cases as traditional court litigation....
38 Creighton L. Rev. 661 (2004-2005)
Creighton University School of Law