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Contract deprived appellate court of jurisdiction
October 28, 2005 by Ross Runkel at LawMemo
An arbitration agreement provided that a court judgment entered on an arbitration award was nonappealable. The 10th Circuit holds that this deprives the appellate court of jurisdiction.
MACTEC v. Gorelick (10th Cir 10/26/2005).
On the other hand, that same court previously held that parties cannot expand the level of appellate review through their contract.
My view: There is no statutory bar to having the parties agree to eliminate appellate review of a judgment confirming an award. Therefore, the parties are free to have such an agreement.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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