Seventh Circuit Rules that ‘Manifest Disregard of the Law’ Is Not Independent Basis for Vacating Arbitral Awards

The Seventh Circuit held that “manifest disregard of the law” is not an independent ground for vacatur in a patent case under the Federal Arbitration Act (“FAA”). See Affymax, Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. , No. 11-2070 (7th Cir. Oct. 3, 2011). Citing Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), the court stated that the grounds to vacate arbitral awards listed in the FAA are “exclusive; neither judges nor contracting parties can expand [them]” and that “disregard of the law is not on the statutory list.” Read more about the doctrine of “manifest disregard of the law” in our previous posts.

Related Posts:

• Texas Supreme Court Declines to Follow Hall Street in Arbitration Case: Nafta Traders, Inc. v. Quinn (May 13, 2011)
• GUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force (May 2, 2011)
• GUEST-POST PART II| AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force (May 2, 2011)
• Article | Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard (Feb. 8, 2011)
• Manifest Disregard Round-Up (Oct. 20, 2010)
• 2009 Developments in Arbitration Law: Manifest Disregard of the Law (Dec. 24, 2009)
• Guest Post: Hall Street Meets S. Maestri Place: What Standards of Review Will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup? (May 5, 2009)
• Fifth Circuit Denies Motion to Vacate Arbitration Award (April 7, 2009)
• Fifth Circuit: Life After Hall Street (Mar. 17, 2009)
• Dead? Alive? Matter of Opinion? (Dec. 4, 2008)
• Professor Alan Scott Rau Responds to Hall Street v. Mattel (Jun. 9, 2008)
• Rau Gives Souter a C-minus (Jun. 5, 2008)
• Glen Wilkerson on Hall Street v. Mattel (Apr. 19, 2008)
• No Longer Can You Craft Your Own Arbitral Standard of Review (Mar. 26, 2008)

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