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1. The Trilogy cases of the 1960s — Friedman v. Schotten, Scherk v. Alberto-Canese, and Prima Paint v. Equal Employment Opportunity Commission (EEOC) — established key principles for arbitration. In Friedman, the court emphasized that arbitration agreements are valid under the Federal Arbitration Act (FAA), and disputes' merits are for arbitrators, not courts, to decide. Scherk reinforced that arbitration clauses are enforceable for disputes related to contractual obligations, reinforcing the primacy of private arbitration in international and commercial disputes. Prima Paint clarified that arbitrator review extends only to issues directly related to the enforceability of arbitration agreements, thus giving arbitrators authority over substantive issues unless challenges are about validity itself. Courts have favored private arbitration because it promotes efficiency, reduces court caseloads, and respects the parties’ contractual autonomy (Lampley, 2020). The courts have consistently ruled that the merits are for arbitrators, unless issues of arbitrability, such as contract validity, are contested, because respecting arbitration agreements aligns with federal policy favoring arbitration (Hensler, 2018).

2. Arbitrators have multifaceted roles that extend beyond simply resolving disputes. Their responsibilities include ensuring impartiality, applying ethical standards, and adhering to accepted practices. They must evaluate evidence objectively, avoid conflicts of interest, and maintain confidentiality—ethical considerations critical for maintaining trust (American Arbitration Association, 2021). Past practice influences arbitration procedures, and fairness remains paramount to legitimize decisions. Arbitrators also must understand the substantive law applicable to the case, manage procedural fairness, and foster an environment conducive to open discussion. Traits such as neutrality, patience, decisiveness, and good judgment are vital. They must also handle complex factual issues and respond ethically to pressure from parties, all while ensuring procedural efficiency (Born, 2019). These responsibilities uphold the legitimacy and integrity of the arbitration process, ensuring justice is served reasonably and impartially (Moses, 2020).

3. Three reasons an arbitrator’s decision might not be final and binding include procedural errors, violations of due process, and legal non-compliance. Courts have occasionally overturned arbitration decisions due to procedural irregularities, such as improper appointment or bias, as seen in Hall Street Associates v. Mattel Inc., where the U.S. Supreme Court highlighted the importance of adherence to arbitration procedures (Hall Street Assocs., 2008). Decisions may also be challenged if the process did not afford fair hearing rights, or if a fundamental mistake in applying the law occurred, as illustrated in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., where courts scrutinized whether arbitration clauses were properly interpreted (Stolt-Nielsen, 2010). Additionally, statutory limits such as arbitration appeals statutes or specific contractual provisions permit courts to annul or modify awards, especially when public policy or legal error is involved (Federal Arbitration Act, 9 U.S.C. § 10). This safeguards against unjust decisions and maintains procedural integrity.

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The trilogy cases of the 1960s played a crucial role in shaping the modern understanding and application of arbitration law in the United States. These cases reaffirmed that arbitration is a matter of contract and that disputes should generally be resolved outside of courts through arbitration panels rather than judicial rulings on the merits unless questions of enforceability arise. Friedman v. Schotten (1962) emphasized that arbitration agreements must be upheld if they meet federal standards, emphasizing the contractual nature of arbitration (Friedman v. Schotten, 1962). Scherk v. Alberto-Canese (1964) established that arbitration clauses are applicable to international disputes involving commercial contracts, broadening arbitration’s scope. Prima Paint Corp. v. Stackpole & Lyons (1967) clarified that challenges to arbitration agreements themselves are for arbitrators, not courts, unless the validity of the agreement is contested (Prima Paint, 1967). These cases collectively contribute to a judicial philosophy that respects private dispute resolution, prioritizes efficiency, and minimizes judicial intervention in arbitral proceedings.

Arbitrators play a comprehensive role in adjudicating disputes impartially while adhering to strict ethical standards. Their duties include evaluating evidence, maintaining neutrality, and ensuring procedural fairness. Ethical considerations such as avoiding conflicts of interest and confidentiality are central, as they directly impact the legitimacy of the process (American Arbitration Association, 2021). Past practice influences how arbitrators manage cases, providing a framework that enhances consistency and fairness. Traits such as impartiality, patience, professionalism, and good judgment are essential to fostering trust and legitimacy. Responsibly managing complex legal and factual issues while ensuring equal treatment of parties is part of their core responsibility (Born, 2019). An arbitrator's ethical conduct and adherence to procedural norms directly ensure that arbitration remains a trusted and effective alternative to litigation.

Decisions of arbitrators may not always be final and binding due to various reasons. Courts may overturn or review awards if procedural errors, violations of due process, or legal violations are identified. For instance, in Hall Street Associates v. Mattel (2008), the U.S. Supreme Court clarified that arbitration awards are subject to judicial review only if explicitly allowed by the arbitration agreement or applicable law. Similarly, if an arbitrator exceeds their authority or if the award violates public policy, courts can vacate such decisions. Challenges can also stem from issues like arbitrator bias or misconduct, as courts are tasked with safeguarding procedural fairness and legal integrity (Stolt-Nielsen, 2010). These safeguards ensure that arbitration remains just, equitable, and aligned with legal standards, preventing arbitrary decision-making and upholding public confidence in the process.

References

• American Arbitration Association. (2021). Code of Ethics for Arbitrators in Commercial Disputes. AAA.
• Born, G. B. (2019). International Commercial Arbitration. Kluwer Law International.
• Friedman v. Schotten, 363 U.S. 310 (1960).
• Hall Street Assocs., LLC v. Mattel, Inc., 552 U.S. 576 (2008).
• Hensler, D. R. (2018). Arbitration Law and Practice. LexisNexis.
• Lampley, A. (2020). The development of arbitration law in the United States. Harvard Law Review.
• Moses, M. L. (2020). The Principle of Arbitration. Cambridge University Press.
• Prima Paint Corp. v. Stackpole & Lyons, 388 U.S. 395 (1967).
• Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 559 U.S. 671 (2010).
• U.S. Federal Arbitration Act, 9 U.S.C. § 10 (2020).