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All articles tagged '"manifest disregard of the law"'
25 articles found
Article | Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard
By Beth Graham - February 8, 2011
Michael H. LeRoy, Professor of Labor and Industrial Relations and Law at the University of Illinois College of Law, recently published a law review article entitled Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard, Boston College Law Review, Vol. 52, No. 1, p. 137, 2011; Illinois Program in Law, Behavior and Social Science Paper. In his article, Professor LeRoy examines the effect Hall Street Associates v. M
2010 Arbitration Case Law: U.S. Supreme Court
By Beth Graham - December 30, 2010
Today, Disputing continues its 2010 Year-End Highlights. The U.S. Supreme Court decided several cases related to arbitration this year: On April 27, the U.S. Supreme Court handed down its decision in Stolt-Nielsen v. AnimalFeeds, 08-1198. The Court held that “Imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq.” On June 1, the Supreme
Supreme Court Denies Cert in Manifest Disregard Case
By Beth Graham - December 15, 2010
On Monday, the U.S. Supreme Court denied certiorari in Certain Underwriters at Lloyd’s, London v. Lagstein, 10-534. The case sought to address whether a “manifest disregard of the law” standard of review for arbitration awards remains after the Court’s decision in Hall Street Associates, L.L.C v. Mattell, Inc., 552 U.S. 576 (2008). In the case, Lagstein, a medical doctor, filed a claim for disability benefits under a policy he p
GUEST-POST | The Arbitration Vacatur Law Uncertainty Principle
By Beth Graham - November 24, 2010
by James M. Gaitis According to the Heisenberg Uncertainty Principle, (1) the position and momentum of an object cannot simultaneously be precisely known and (2) even more tantalizing, the more precisely one property (whether position or momentum) can be measured, the less precisely can the other. For those that seek overall clarity as to what is going on at the particle and wave level of physics (and perhaps in their everyday lives), the Uncerta
Manifest Disregard Round-Up
By Beth Graham - October 20, 2010
Mike Wolgin of the Miami office of Jorden Burt, LLP has compiled a list of recent cases which address “manifest disregard” of the law in an arbitral context. They include: Paul Green School of Rock Music Franchising, LLC v. Smith, No. 09-2718 (3d Cir., Aug 2, 2010), affirmed a district court’s confirmation of an arbitration award and held that the award did not constitute a “manifest disregard” of the law. The Third Circui
Disputing Blog Cited by Law Review Article: ‘Still Litigating Arbitration in the Fifth Circuit, But Less Often’
By Victoria VanBuren - August 4, 2010
We are pleased to share with you that our blog Disputing has been cited by the law review article Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010) by Donald R. Philbin, Jr. and Audrey Lynn Maness. Kudos to the authors! The article can be accessed via Westlaw or LexisNexis. These are the Disputing blog posts cited by the article: Hall Street Meets S. Maestri Place: What Standards of Review Will the
GUEST-POST | Stolt-Nielsen Opens More Doors Than It Closes
By Victoria VanBuren - May 6, 2010
By S.I. Strong Although the decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. is being read by some as signaling the end of class arbitration –not just as we know it, but in virtually all possible forms– the opinion actually goes nowhere near that far. Instead, the 5-3 opinion can be largely limited to its facts, leaving significant questions unanswered. In some regards, the decision authored by Justice Alito is clear. In answerin
GUEST-POST | Professor Stipanowich Comments on Stolt-Nielsen v. AnimalFeeds
By Victoria VanBuren - April 28, 2010
By Thomas J. Stipanowich The thrust of the majority opinion authored by Justice Alito was to shun the rationale of the plurality in the Court’s earlier decision in Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003)), which characterized the question of whether class arbitration as a matter of “procedure” growing out of the dispute. Instead, the majority founded its decision on Supreme Court “precedents [under the FA
2009 Developments in Arbitration: Manifest Disregard of the Law
By Victoria VanBuren - December 24, 2009
In addition to the grounds for vacating awards provided by the Federal Arbitration Act (FAA), courts have developed the doctrine of “manifest disregard” of the law as a common-law ground to vacate awards. An arbitral panel is said to have manifestly disregarded the law if, knowing the existence of a clear legal principle, refuse to apply it. However, in 2008, in Hall Street Associates, LLC v. Mattel, Inc., 128 S.Ct. 1396 (2008) the U.S. Supreme C
2009 Arbitration Case Law: U.S. Supreme Court
By Victoria VanBuren - December 8, 2009
Welcome to Disputing‘s 2009 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On March 9, the Court decided Vaden v. Discover Bank. The issues were (1) whether a district court, if asked to compel arbitration, should “look through” the petition and grant the relief if the court would have federal-question jurisdiction of the controversy and (2) whether a district court should exercis
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