Author: Hans Smit*
Published: December 1997
Recourse Against Award Generally
Description: No one reading Professor Rau’s most elegant presentation of the arguments for his view can avoid at least being moved by its persuasive force. But, taking his reference to the plea by Cromwell, “I beseech you, in the bowels of Christ, think it possible you may be mistaken,” also to be addressed to me, I must confess that I continue to believe that I had it right. However, Professor Rau surely has pulled out all the stops in defending what I regard as the statutorily precluded view that parties can expand by contract the permissible scope of judicial review of arbitral awards. Professor Rau, Professor Lowenfeld, and I appear to have covered the waterfront. I do hope the Supreme Court will soon have an opportunity to cast the deciding vote.
*Stanley H. Fuld Professor of Law and Director, Center for International Arbitration and Litigation Law, Columbia University.