'Opt-In' for Judicial Review of Errors of Law Under the Revised Uniform Arbitration Act

Stephen Ware, University of Kansas

Abstract

The Uniform Arbitration Act is one of the most successful uniform laws. It has been enacted in 35 states and 14 other jurisdictions have substantially similar statutes. Originally enacted in 1955, the Uniform Arbitration Act is now being revised for the first time. The current draft of the Revised Uniform Arbitration Act contains a number of changes from the original. While most of these changes are minor, one is of great conceptual significance. That is the provision, currently Section 19(b), allowing parties to 'opt-in' for judicial review of arbitrators' legal rulings.

A number of concerns have been expressed about this provision. One concern is that Section 19(b) improperly allows the parties to confer subject-matter jurisdiction on the court. Another concern is that Section 19(b) may be preempted by federal law. A third concern is that Section 19(b) is impractical. This article discusses these concerns and concludes that states ought to enact Section 19(b), or a similar provision, along with the rest of the Uniform Arbitration Act.