A recent federal appellate court decision addressing a challenge to an arbitrator’s ruling for “manifest disregard of the law” makes the novel suggestion that sanctions might be imposed on a party who appeals an arbitration award without a sound basis under federal law for doing so.
The 11th Circuit case of B.L. Harbert International LLC v. Hercules Steel Co., decided Feb. 28, goes to some lengths to express the court’s impatience with turning arbitration into protracted litigation, resting its reasoning on the purposes of the Federal Arbitration Act (and by extension similar state statutes), which offers very limited grounds for vacating an award.
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