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Arbitration Awards
Nonappealability Clauses in Arbitration Agreement Held Not Enforceable in the Ninth Circuit
February 12, 2014
Faced with a question of first impression, the Ninth Circuit recently held that a clause in an arbitration agreement that eliminates any and all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is unenforeceable. The Court reasoned that allowing parties to “contractually eliminate all judicial review of arbitration awards . . . run[s] counter to the text of the FAA,” and “would also frustrate Congress’s attempt to ensure a minimum level...
February 12, 2014
Faced with a question of first impression, the Ninth Circuit recently held that a clause in an arbitration agreement that eliminates any and all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is unenforeceable. The Court reasoned that allowing parties to “contractually eliminate all judicial review of arbitration awards . . . run[s] counter to the text of the FAA,” and “would also frustrate Congress’s attempt to ensure a minimum level...
Improving Arbitration-Award Making and Enforcement by Faithfully Implementing the Purposes and Objectives of the Federal Arbitration Act, Part II
December 4, 2013
Part II: A Consent-Based Framework for Enforcing Arbitration Awards Enforcing Arbitration Agreements to Promote Arbitration The purposes and objectives of the FAA are the same whether the question is whether arbitration should be compelled, litigation should be stayed or an award confirmed or vacated. The cornerstone of the FAA is the enforcement mandate of Section 2, which says: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle...
December 4, 2013
Part II: A Consent-Based Framework for Enforcing Arbitration Awards Enforcing Arbitration Agreements to Promote Arbitration The purposes and objectives of the FAA are the same whether the question is whether arbitration should be compelled, litigation should be stayed or an award confirmed or vacated. The cornerstone of the FAA is the enforcement mandate of Section 2, which says: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle...
“Manifest Disregard of the Law” is Alive and Well and Vacating Arbitrations in Fourth Circuit
November 21, 2013
The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four bases are exclusive, de-legitimizing the creative bases that judges had developed over the years. However, a recent Fourth Circuit opinion vacated an arbitration award for ”manifest disregard of the law,” a judicially-created basis for vacating arbitration...
November 21, 2013
The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four bases are exclusive, de-legitimizing the creative bases that judges had developed over the years. However, a recent Fourth Circuit opinion vacated an arbitration award for ”manifest disregard of the law,” a judicially-created basis for vacating arbitration...
Oxford Health and Manifest Disregard, Part II.B
August 28, 2013
Part II.B: To what Extent, if at all, will Oxford Likely Influence FAA Law and Practice? While Oxford is uncontroversial in the sense that it does not purport to change the standard of review applicable to Federal-Arbitration-Act (“FAA”)-governed arbitration awards, it will likely influence FAA arbitration law and practice concerning the judicial review of arbitration awards under FAA Section 10(a)(4) in at least three ways. First, it should dissipate significantly any lingering confusion...
August 28, 2013
Part II.B: To what Extent, if at all, will Oxford Likely Influence FAA Law and Practice? While Oxford is uncontroversial in the sense that it does not purport to change the standard of review applicable to Federal-Arbitration-Act (“FAA”)-governed arbitration awards, it will likely influence FAA arbitration law and practice concerning the judicial review of arbitration awards under FAA Section 10(a)(4) in at least three ways. First, it should dissipate significantly any lingering confusion...
Arbitration Awards Cannot Be Vacated Just Because Arbitrator Excluded Evidence
August 23, 2013
In two decisions this week, courts consider whether arbitration awards can be vacated based on arbitrators’ decisions to exclude...
August 23, 2013
In two decisions this week, courts consider whether arbitration awards can be vacated based on arbitrators’ decisions to exclude...
Arbitration Award RoundUp
February 28, 2013
Following is a summary of selected court opinions addressing requests for confirmation and vacation of arbitration awards. Manifest disregard NYKCool A.B. v. Pacific Fruit, Inc., No. 11-4246 (2d Cir. Jan 16, 2013) (affirming judgment by S.D.N.Y. confirming an arbitration award based on finding that defendant did not establish a “manifest disregard of the law,” or that the panel exceeded its authority or that the panel denied defendant a fundamentally fair hearing)
February 28, 2013
Following is a summary of selected court opinions addressing requests for confirmation and vacation of arbitration awards. Manifest disregard NYKCool A.B. v. Pacific Fruit, Inc., No. 11-4246 (2d Cir. Jan 16, 2013) (affirming judgment by S.D.N.Y. confirming an arbitration award based on finding that defendant did not establish a “manifest disregard of the law,” or that the panel exceeded its authority or that the panel denied defendant a fundamentally fair hearing)
