Why does the Federal Arbitration Act (FAA) want to limit a court's power over an arbitration award?
What will be an ideal response?
The major advantages of arbitration over litigation are its informal hearing process and lower cost of proceedings. These features of arbitration have led to its widespread use. If courts can easily overrule an arbitrator's decision, the usefulness of arbitration will be lost. Decisions obtained through arbitration will lose their value. Disputants will view arbitration as a meaningless step to go through before the trial. This will also increase the burden on courts, as most cases that go through arbitration will end up in trial. To prevent such a scenario, Section 10 of the Federal Arbitration Act sets forth four grounds on which the arbitrator's award may be set aside. This decreases the number of arbitration cases overruled by courts and encourages the use of arbitration.
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