Are Arbitrators Above the Law? The Manifest Disregard of the Law Standard
By Michael H. LeRoy, February 8, 2012
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This article studies the role of courts when they review awards that manifestly disregard the law. The Supreme Court has stated that it cannot review awards beyond the FAA’s express terms, but it is not clear if that would include an arbitrator’s manifest disregard of the law. The author analyzes the phrase through historical and empirical methods, contending that Congress inadvertently omitted manifest disregard from the FAA and that the standard should be affirmed to ensure that arbitrators cannot disregard the law.
