Another way to check the discretion of decision-makers is to create a process which reviews their decision. While arbitrators and judges are subject to different review processes, both processes provide an opportunity to evaluate their conduct. Typically, judges’ determinations are judicially review able for substantive and procedural errors. In contrast, while some jurisdictions do permit a limited evaluation of the legal merits of a tribunal’s award, the
international trend is to review the procedural aspects of an arbitrator’s award
Procedural review does not prevent a meaningful review of awards, however. Arguably, the
various procedural mechanisms can be used as a substitute gauge of the appropriateness of the award. Moreover, arbitrators, like judges, do not like to have their awards annulled, set aside or denied enforcement; and arbitrators tend to exhibit a great deal of care to retain the integrity of the process. Ultimately, this suggests that the review process makes arbitrators and judges functionally similar; and such similarity suggests that arbitrator’s should strive to
apply the applicable law in a neutrally and fair manner.