Question

Flozell Adams is a professional football player formerly with the Dallas Cowboys. He submitted a claim in arbitration against his agent, Roosevelt Barnes (according to the terms of their contract for fees and the union rules for settlement of player disputes with agents). He said Barnes owed him because of overpayment on his contracts that Barnes negotiated for him with the Cowboys. Adams was notified of the binding arbitration hearing date. When he arrived, he said he was unaware of his right to counsel and asked for a postponement of the hearing so that he could retain counsel. His request was denied. The arbitrator found for Barnes for the contract for the eight seasons Adams played for the Cowboys. Barnes did not owe any money to Adams. In fact, the arbitrator found that Adams owed Barnes fees for his contracts for three of the Cowboys’ seasons. Adams then filed suit to have the arbitration award set aside because he said the arbitrator was biased and that the arbitrator ignored the statute of limitations on some of the contracts. Which of the following best describes what the court can do about the arbitration award? a. Arbitration awards can be set aside if the losing party feels the arbitrator was biased. b. Arbitration awards can be set aside only after an actual trial is held. c. Arbitration awards can be set aside if the finding is inconsistent with the law. d. Arbitration awards are rarely set aside.

Answer 1

Answer: c. Arbitration can be set aside if the finding is inconsistent with the law

Explanation:

Arbitration awards can be set aside if the finding is inconsistent with the law. If indeed the finding is inconsistent with the law, the Arbitrator appears to be bias or Arbitration procedures and laws were not properly followed the Arbitration award is set aside.  The Arbitration award will void and the act will be nullified.