Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case
An article published on the Pepper Hamilton website considers the instance of an appeal of an arbitration award that involved the successful appeal by All-Pro Quarterback Tom Brady and the NFL Players Association of Brady’s four-game suspension based on accusations of complicity in a scheme to gain an unfair competitive advantage in an NFL playoff game.
Richard W. Foltz, Jr. and James M. Kwartnik, Jr. discuss whether members of the construction industry contemplating review of arbitration awards can draw any lessons from the Brady matter.
Based on the discussion of the case, “there are a few takeaways from this case for construction matters,” the write. “Most importantly, a party should not rely on the opinion as establishing expectations for review of arbitration awards. It appears to be the zenith of aggressive appellate review, and unlikely to be closely followed in situations where it could be factually distinguished.”
