Other Attacks on the Award

AuthorDavid A. Allgeyer
Pages123-127
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).

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