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Abstract

This Article discusses in detail how the arbitration process in both the United States and Japan can very often result in injustice to both parties. Part II describes how limitations on discovery can cause vital information necessary to either prosecute or defend a claim to never appear before the arbitrator. The article then discusses the possibility of including provisions that might ameliorate this problem. Next, this Part examines specific examples of situations where the arbitrators can ignore the civil rules of evidence and admit evidence that would be inadmissible in a court of law. Finally, this Part concludes with a discussion of the very limited scope ofjudicial review of arbitral awards that is allowed by statue in the United States and Japan. Part III introduces the concept of including a provision in arbitration contracts for judicial review of arbitrators' errors of law or fact, and, most important, identifies the jurisdictions where such a provision will be recognized. Part IV offers some conclusory thoughts regarding the practical implications of the limitations on arbitration.