Idaho District Court Applies Ninth Circuit Law

May 9, 2012

A court in the District of Idaho determined that an arbitration award was judicially reviewable under the FAA even when the agreement to arbitrate has language which describes the arbitrator’s award as “final and binding” and not subject to appeal. The court in Swenson, et. al. v. Bushman Investment Properties, et. al., No. 10-cv-00175-ELJ, 2012 WL 1488346 (D. Idaho Apr. 27, 2012) suggested that in order to eliminate all judicial review, the parties should employ language that makes it clear that the arbitrator’s decision shall be “non-reviewable” or “final and unreviewable for error of law or legal reasoning of any kind.”

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