The Business Judgment Rule and Arbitration
November 15, 2022 By Brian Babcock THE ISSUE Courts do not generally have jurisdiction to decide upon matters of business judgment. This is referred to as non-justiciability. Because an arbitration clause creates “private law” between the parties, a clear and specific clause awarding jurisdiction to an arbitrator over matters of business judgment may be enforceable. […]
Non-Solicitation and Appealing from Arbitrations
November 15, 2022 By Brian Babcock THE ISSUE Unless a submission to arbitration provides otherwise, the Arbitration Act, 1991 only mandates a right to apply for leave to appeal on questions of law. The application of the law to facts is not a question of law. For leave to appeal to be granted, the issue […]