Other Attacks on the Award

• Author: David A. Allgeyer
• Pages: 123-127

123

CHAPTER 19

Other Attacks on

theAward

Over time, grounds for vacating arbitration awards that are

not specifically stated in the FAA have been used to overturn

awards. This area of the law has evolved recently.

MANIFEST DISREGARD OF THE LAW

One of the more popular nonstatutory grounds for attacking

awards was once called “manifest disregard of the law.” Some

courts have used it to overturn arbitration awards even though

it is not listed in 9 U.S.C. § 10 or anywhere else in the FAA. Even

more have been asked to. This ground provides a certain pho-

netic appeal. It at least sounds like the kind of review one gets of

legal issues on appeal.

But the Supreme Court rained on the “manifest disregard”

parade in Hall Street Associates L.L.C. v. Mattel, Inc.1 There it

found that only the grounds listed in the FAA provide the basis

for vacating an award under the FAA, summarizing its reason-

ing as follows:

Instead of fighting the text, it makes more sense to

see the three provisions, §§ 9–11, as substantiating a

1

552 U.S. 576 (2008).