Clearing the Air on Manifest Disregard and Choice of Law in Commercial Arbitration: A Reconciliation of Wilko, Hall Street, and Stolt-Nielsen
By James M. Gaitis, February 8, 2012
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This article considers manifest disregard and choice of law. The article demonstrates that manifest disregard is an unnecessary addition when discussing choice-of-low provisions in agreements to arbitrate, that the manifest disregard concept is subsumed by the FAA, that the two are tied to the question of whether contracting parties can rely on courts for enforcement, and that based on Supreme Court decisions, manifest disregard of the law is a catch-all misnomer.
