Over the past three years, a host of very significant federal and state court cases, including several from Connecticut and the Court of Appeals for the 2nd Circuit, have been decided in the context of the Federal Arbitration Act ( FAA). These cases further define – and in some cases expand – the powers of arbitrators to decide a wide range of arbitration-related issues. Additionally, several of these cases have substantially proscribed the bases on which arbitration awards may be set aside.
Clearly, this column cannot address all of the emerging topics, but two are particularly worthy of mention: (1) the division of labor between arbitrators and the courts to decide certain threshold or gateway issues prior to the actual arbitration; and (2) the standard to be utilized in assessing a challenge to an award on the basis of manifest disregard of the law.
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