Application of Due Process to Arbitration Awards of Punitive Damages - Where Is the State Action, The

Authors

Charles Smith

Abstract

This article will analyze why the position of the courts-no state action-is correct. Specifically, this article will take the position that the policy of finality traditionally found in arbitration law must trump any constitutional inquiries. This is because arbitration is ultimately based on the parties' agreement, which inevitably recites that the arbitrator's decision shall be final and, in any event, this finality is generally implied.

Recommended Citation

Charles Smith, Application of Due Process to Arbitration Awards of Punitive Damages - Where Is the State Action, The, 2007 J. Disp. Resol. (2007)
Available at: https://scholarship.law.missouri.edu/jdr/vol2007/iss2/3