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- Title
THE END OF AN ERROR: REPLACING "MANIFEST DISREGARD" WITH A NEW FRAMEWORK FOR REVIEWING ARBITRATION AWARDS.
- Authors
DAVIS, KENNETH R.
- Abstract
The article presents a new framework for the judicial review of arbitral awards and discusses the U.S. Supreme Court decision in Wilko v. Swan and First Options of Chicago, Inc. v. Kaplan which led to the establishment of manifest disregard standard, a legal principle that an arbitration award will be vacated if the arbitrator manifestly disregards the law. It analyzes the U.S. Supreme Court's decision in Hall Street Assocs., L.L.C. v. Mattel, Inc. providing an alternative interpretation of manifest disregard. It describes the Federal Arbitration Act of the U.S. (FAA) and reflects the need to balance the policies of the FAA to promote the efficiency of arbitration with the policies of other federal laws.
- Subjects
ARBITRATION &; award; JUDICIAL review; UNITED States. Supreme Court; LEGAL judgments; WILKO v. Swann (Supreme Court case); FIRST Options of Chicago Inc. v. Kaplan (Supreme Court case); FEDERAL laws
- Publication
Cleveland State Law Review, 2012, Vol 60, Issue 1, p87
- ISSN
0009-8876
- Publication type
Article