Arbitration has been a much-followed topic in the last few weeks because of the U.S. Supreme Court’s decision in Henry Schein v. Archer and White Sales, __ S.Ct. __ (2019). In Schein, the U.S. Supreme Court decided in favor of a strict application of the Federal Arbitration Act, supporting the governing arbitration principle that arbitrability of a dispute should be decided by the arbitrators and not by courts.
In this same line, although prior to the U.S. Supreme Court’s decision in Schein, New York’s Appellate Division, First Department, underscored the finality of arbitration awards and ratified the deference courts owe to arbitrators and their decisions. In Daesang v. Nutrasweet Co., 2018 NY Slip Op 06331 (App. Div. 1st Dept. 2018), the Appellate Division reversed a controversial decision from the New York Supreme Court, the state’s trial court level, that applied the manifest disregard of the law doctrine to vacate and “remand” an international arbitration award.
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