This weekend, Tom Brady will return to the field after serving a four-game suspension for the Deflategate scandal. Although New England Patriots fans have decried the suspension, the punishment was upheld largely due to the deference courts give to private arbitration proceedings. The suspension was imposed following an arbitration authorized by the NFL and its players association, the NFLPA. Following the adverse result in arbitration, the NFLPA challenged the arbitration award on behalf of Brady all the way to the United States Court of Appeals for the Second Circuit.
The Second Circuit's opinion upheld the arbitration award, and clearly articulated what most courts do when faced with a challenge to an arbitration award: defer to the arbitrator. The Court stated:
"Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games 4 or none at all. Nor is it our role to second guess the arbitrator’s procedural rulings. Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards . . . ."
The law in Colorado is similarly deferential to arbitration awards. Attorney Tom Werge recently prevailed in Douglas County District Court on behalf of a small business client who was forced to defend an arbitration award. In finding in favor of the client, the trial court cited to Mountain Plains Constructors v. Torrez, 785 P.2d 928, 930 (Colo. 2000), which held that "[t]he public policy of this state encourages the resolution of disputes through arbitration." The trial court denied the opposing party's request to vacate the arbitration award, identified that it had not identified any legal basis to set aside award, and it instead confirmed the award in favor of the client. The result for Tom Brady was the same - the court deferred to the arbitrator's suspension and upheld the arbitration award.
Werge Law LLC focuses on the representation of small business clients in litigation and dispute resolution matters, including in arbitration and related court proceedings.