SW Legal studies in Business

Partial Award May Be Reviewed by Courts Under Federal Arbitration Act
Description Appeals court held that when an arbitration proceeding has been split into two parts, for separate awards on the issues of liability and damages, the award on liability may be reviewed by the courts before the damage issue is resolved by arbitration because the first award is a final award.
Topic Alternate Dispute Resolution
Key Words Arbitration; Partial Award; Reviewability
C A S E   S U M M A R Y
Facts Reversed. Under the FAA, a court may "make an order vacating the award upon the application of any party to the arbitration, where the arbitrators exceed their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter was not made." The FAA allows a court to confirm or vacate a partial award when that award was final. The award on liability was a final award, made in a case where the parties agreed to split the arbitration into two parts, so the matter may be appealed to the court for review despite the fact that the arbitrators had not ruled on the damages issue.
Decision Judgment for government officials. The First Amendment right of the press to gather news and information is not without limits. The press has no constitutional right of access to prisons or prison inmates beyond that afforded the general public. The regulation restricting broadcasting of executions is content neutral and is not subject to strict scrutiny by the courts. Other news broadcasts of the fact of executions will provide the information.
Citation Hart Surgical, Inc. v. UltraCision, Inc., 244 F.3d 231 (1st Cir., 2001)

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