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- ilnd;;1:11-cv-02404_de34 RegisterActionDate "2011-10-12" @default.
- ilnd;;1:11-cv-02404_de34 RegisterActionDescriptionText "MINUTE entry before Honorable Joan B. Gottschall: The court has received, by email to its proposed order inbox, a stipulated order "compelling arbitration and staying the case." Not only did the parties fail to properly file and notice a motion for presentment to bring this issue to the court's attention, but the court declines to enter the order based on its own review of the governing law. The proposed order appears to contemplate a significant expansion of the scope of this court's judicial review over the eventual arbitration award by requesting that the court retain jurisdiction "to review (i) on a de novo basis, any errors of law in the arbitrator(s) final decision and (ii) if the final decision is against the manifest weight of evidence." While it may be "tempting to think that courts are engaged in judicial review of arbitration awards under the Federal Arbitration Act, [ ] they are not. When parties agree to arbitrate their disputes they opt out of the court system, and when one of them challenges the resulting arbitration award he perforce does so not on the ground that the arbitrators made a mistake but that they violated the agreement to arbitrate." Wise v. Wachovia Sec., LLC, 450 F.3d 265, 269 (7th Cir. 2006) (citation omitted); see Chicago Typographical Union No. 16 v. Chicago Sun-Times, Inc., 935 F.2d 1501, 1504-05 (7th Cir. 1991) ("Federal courts do not review the soundness of arbitration awards.... If the parties want, they can contract for an appellate arbitration panel to review the arbitrator's award. But they cannot contract for judicial review of that award; federal jurisdiction cannot be created by contract."). The parties shall appear for status on 10/25/11 at 9:30 a.m. Mailed notice. (psm, ) (Entered: 10/13/2011)" @default.
- ilnd;;1:11-cv-02404_de34 AdministrativeID "33" @default.