2017 | Junio 26
Two elements are at play in judicial enforcement of arbitration awards: One is the formal legal elements: Courts are legally incapable of enforcing arbitral awards issued by religious tribunals if they fail to follow the basic legal demands imposed by the Federal Arbitration Act. Second, even if faith-based arbitrators have observed all the formal legal requirements, they must still convince judges that their religious dispute resolution processes are genuinely fair, effective and worth upholding.
Because faith-based dispute resolution involves essentially religious legal processes, religious functionaries, religious law and issue religious remedies, it can look very strange to traditional judges. In order to gain judges’ confidence and convince American courts that the religious dispute resolution process is just another form of legalistic adjudication, religious tribunals must undertake special measures to demonstrate their integrity, professionalism and effectiveness.