[Home] [Databases] [WorldLII] [Search] [Feedback] New Zealand Law Commission

[Database Search] [Name Search] [Previous] [Next] [Download] [Help]

19 Contracting for a higher standard of review on appeal

248 THE ARBITRATORS’ AND MEDIATORS’ INSTITUTE of New Zealand Inc referred us to three decisions from Federal appellate courts in the United States which have considered whether parties to an arbitration are able to agree to expand the standard of review on appeals from awards from the narrow grounds presently contained in the (US) Federal Arbitration Act.²⁴²

249 The cases demonstrate a conflict of opinion between the appeal courts for the Ninth and Tenth Circuits. We note that the extent of disagreement is somewhat wider. We refer to judgments of the Third and Fourth Circuits Courts of Appeals respectively in Roadway Package System v Kayser²⁴³ and Syncor International v McLeland.²⁴⁴ We are invited by AMINZ to add to clause 5 of the Second Schedule to the Arbitration Act to outlaw any agreement by the parties to extend the scope of appellate review.

250 This is an issue of policy on which we are not inclined to make recommendations without the benefit of public consultation.