The latest Supreme Court “judgment” with respect to the manifest disregard of the law doctrine in connection with motions to vacate arbitration awards was an anticlimactic denial of certiorari in Walia v. Dewan, a classic manifest disregard case originating in the U.S. Court of Appeals for the Fourth Circuit.1 The odyssey is set forth below.
Background
In the prologue to the odyssey was the departure from a lack of acceptance of arbitration. This occurred when Congress passed the Federal Arbitration Act (FAA), creating a policy in favor of arbitration with respect to commercial disputes involving commerce with only four limited grounds of review of arbitral awards.2 This created a tension between the lack of substantive judicial review and the judicial desire to retain control of judgments issued by the courts. Out of this tension sprang, straight from the Supreme Court, Wilko v. Swan.3
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
