Manifest disregard of the law

Appeal, Arbitration, Awards, Challenge of Arbitral Award, Federal Arbitration Act (FAA), Manifest disregard, Manifest Disregard Doctrine, Manifest disregard of the law, New York, United States

, (Reed Smith)/ /Leave a comment

Introduction In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to vacate that award on grounds that the arbitrator manifestly disregarded the law.  See Weiss v. Sallie Mae, Inc., Dkt. No. 18-2362, Slip Op. (2d Cir….

Arbitration, BIT, Damages, ICSID Convention, International arbitration, International Law, Latin America, Manifest disregard of the law

(New York Law School)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

By Tai-Heng Cheng* & Lucas Bento** Introduction On October 5th, 2012, a split ICSID tribunal determined that the Republic of Ecuador had breached the US-Ecuador bilateral investment treaty (“BIT”), and awarded damages of US$1.77 billion (US$2.3 billion with interest applied), reportedly the largest award ever to have been issued by an ICSID tribunal. This award…

Arbitration Agreements, Arbitration Proceedings, Domestic Courts, Federal Arbitration Act (FAA), Manifest disregard of the law

(White & Case LLP)/ /Leave a comment
White & Case

On April 27, 2010, the Supreme Court of the United States issued its decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., No. 08-1198, 559 U.S. ___ (2010). The Court reversed a Second Circuit ruling permitting arbitrators to impose class arbitration upon four shipping companies—including White & Case client Stolt-Nielsen S.A.—under those shipping companies’ shipping contracts…

Federal Arbitration Act (FAA), Manifest disregard of the law, North America, Set aside an arbitral award

(Pepperdine University School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Even casual observers of American arbitration law will have encountered the “manifest disregard of the law” doctrine. It has been invoked for decades by litigants seeking to set aside (vacate) an award under the Federal Arbitration Act (FAA). The doctrine is just one example of why the regime affecting commercial arbitration in the United States…