Question

Roy agrees to work as a financial advisor on a commission basis for Secure Investments, Inc., and signs an employment contract that includes an arbitration clause. A dispute arises over the amount of Roy's commission. Roy files a suit against Secure Investments, seeking $25,000 in unpaid commissions and $50,000 in other damages. Secure Investments insists that the parties submit the dispute to arbitration. On what Roy believes is insufficient evidence, the arbitrator awards Roy only $500 and issues a written opinion that includes an erroneous finding of fact and a mistaken conclusion of law. Can Roy successfully challenge this award in court

Answer 1

Answer:

Yes.  Roy can successfully challenge this arbitration award in court.

Explanation:

According to the law, an arbitration clause is a part of the contract between Roy and Secure Investments, Inc. that deals with these parties' rights and options in the event of a legal dispute over their contract.  Like in most arbitration clauses, Roy and Secure Investments, Inc. must have agreed not to sue each other but instead, to resolve their disputes through the arbitration process.  But the res judicata effect produced through an arbitration can either be challenged and appealed against or enforced.  Roy, depending on the merits of his case, can make a successful appeal against the arbitration award and not against the arbitration itself.