College of Law Faculty Scholarship

Source Publication (e.g., journal title)

Transactions: Tennessee Journal of Business Law

Document Type

Publication

Publication Date

2009

Abstract

In its April 2009 opinion in Pugh’s Lawn Landscape Company, Inc. v. Jaycon Development Corporation, the Court of Appeals of Tennessee announced its judgment that Tennessee’s arbitration statutes do not permit parties to modify by agreement the scope of judicial review of an arbitral award. The Pugh’s Lawn decision answered a state law question left open by the United States Supreme Court in Hall Street Associates, L.L.C. v. Mattel, Inc., a 2009 case in which the Court held that the Federal Arbitration Act (“FAA”) did not permit parties contractually to expand the grounds for vacating or modifying an arbitral award. While the ruling in Hall Street contemplated the possibility that expanded judicial review might be permissible under state statutory or common law, the Court of Appeals of Tennessee’s decision in Pugh’s Lawn has, for now, settled this state statutory issue in Tennessee.

Files over 3MB may be slow to open. For best results, right-click and select "save as..."

Included in

Law Commons

Share

COinS