| There are a number of principles that the Drafting Committee |
agreed upon at the outset of its consideration of a revision |
to the UAA. First, arbitration is a consensual process in |
which autonomy of the parties who enter into arbitration |
agreements should be given primary consideration, so long as |
their agreements conform to notions of fundamental fairness. |
This approach provides parties with the opportunity in most |
instances to shape the arbitration process to their own |
particular needs. In most instances the RUAA provides a |
default mechanism if the parties do not have a specific |
agreement on a particular issue. Second, the underlying reason |
many parties choose arbitration is the relative speed, lower |
cost, and greater efficiency of the process. The law should |
take these factors, where applicable, into account. For |
example, Section 10 allows consolidation of issues involving |
multiple parties. Such a provision can be of special |
importance in adhesion situations where there are numerous |
persons with essentially the same claims against a party to |
the arbitration agreement. Finally, in most cases parties |
intend the decisions of arbitrators to be final with minimal |
court involvement unless there is clear unfairness or a denial |
of justice. This contractual nature of arbitration means that |
the provision to vacate awards in Section 23 is limited. This |
is so even where an arbitrator may award attorney's fees, |
punitive damages or other exemplary relief under Section 21. |
Section 14 insulates arbitrators from unwarranted litigation |
to insure their independence by providing them with immunity. |