alternative dispute resolution

Greg negotiates an agreement with the Atlanta Braves. He agrees that he will pitch for the Braves for 5 years in exchange for $25,000,000. The agreement is never put into writing. The day before the baseball season starts, the Savannah Savages, another baseball team, offer Greg $26,000,000 to pitch for them. Greg accepts. The Braves sue Greg for breach of contract and the parties agree to arbitrate the lawsuit.

At the arbitration hearing, Greg’s attorney, Tom, points out that under the Statute of Frauds, contracts that cannot be completed within one year are unenforceable unless they are in writing. However, the arbitrator, Heather, sneers contemptuously and replies, “Oh, please! Greg knew exactly what he was doing and it would be totally unfair for this contract to be unenforceable based on a crummy technicality.” Heather then rules in favor of the Braves and awards them $5,000,000 in damages.

The Braves sue Greg in Fulton County Superior Court to have the arbitration award confirmed. Greg argues that since the arbitrator did not follow the law, the award should not be confirmed. The Braves argue that judges in general have discretion to enforce contracts on fairness grounds and so Heather’s decision should be upheld and that, in any case, Heather is not bound by the strict letter of the law. You are a clerk for the Fulton County Superior Court judge.

Please prepare an IRAC-style essay discussing whether Heather’s actions as an arbitrator are appropriate and why her decision should be upheld or not upheld. Please refer to appropriate case law and/or statutory law. It is best to use case and statutory law that is binding in the state of Georgia.