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Before the first artificial fissioning of a uranium atom, it was apparent to the scientific community that harnessing the atom’s vast reservoir of energy, even for peaceful purposes, was not without its risks. Today, five decades after splitting the atom and just over one decade since the April 1986 Chernobyl accident sent radioactive fallout across Eastern and Western Europe, an increasing number of states have come to recognize the tremendous transboundary risks that are inherent in the development of nuclear power. Accompanying this trend has been the search for appropriate and effective means to improve the safety of nuclear power plants worldwide.

This Note examines recent appellate cases and the policy rationale supporting increased judicial scrutiny of an arbitral decision. It contends that judicial review of an arbitral decision in a statutory employment dispute should be more rigorous than either statutory or common law currently permits. It further maintains that when broader judicial review proceeds within a clearly articulated framework, it may foster increased recourse to arbitration by ensuring an impartial forum for the vindication of statutory rights.