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Full-Text Articles in Law
Preemption: The United States Arbitration Act, The Manifest Disregard Of The Law Test For Vacating An Arbitration Award, And State Courts, Paul Turner
Pepperdine Law Review
No abstract provided.
Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur , Eric Van Ginkel
Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur , Eric Van Ginkel
Pepperdine Dispute Resolution Law Journal
The Federal Arbitration Act ("FAA") of 1925 was created to ensure enforceability of agreements to arbitrate. The FAA is the centerpiece of the federal arbitration policy as construed by the Supreme Court. Section 10(a) FAA enumerates grounds on which an arbitral award can be set aside. The central issue discussed herein is whether parties can agree by contract to allow one of the parties to initiate review of the arbitral award by a court that would otherwise have jurisdiction over those parties, or whether the court's powers are somehow limited to the grounds for vacatur enumerated in Section 10(a) FAA. …
Welcome To The Jungle: Rethinking The Amount In Controversy In A Petition To Vacate An Arbitration Award Under The Federal Arbitration Act, Christopher L. Frost
Welcome To The Jungle: Rethinking The Amount In Controversy In A Petition To Vacate An Arbitration Award Under The Federal Arbitration Act, Christopher L. Frost
Pepperdine Law Review
No abstract provided.
Unraveling The Mystery Of Wilko V. Swan: American Arbitration Vacatur Law And The Accidental Demise Of Party Autonomy , James M. Gaitis
Unraveling The Mystery Of Wilko V. Swan: American Arbitration Vacatur Law And The Accidental Demise Of Party Autonomy , James M. Gaitis
Pepperdine Dispute Resolution Law Journal
This article begins with a brief description of what the Wilko Court said with respect to the vacatur of arbitral awards and how federal and state appellate courts have construed that language. Traditional American arbitration vacatur law, including but not limited to the cases relied upon by the Wilko Court, are then reviewed in depth such that the Wilko decision and the Wilko Court's choice of language may be placed in context and fully examined. The intent and proper operation of the FAA are then discussed based on both the legislative history of the FAA and other authorities that consistently …
Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel, Karly A. Kauf
Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel, Karly A. Kauf
The Journal of Business, Entrepreneurship & the Law
The Federal Arbitration Act was enacted in 1925 in reaction to widespread judicial resistance to arbitration. While it is difficult to imagine that the drafters of this legislation could have envisioned how prominent arbitration would become in the United States, it is clear that their intention was to ensure that contracts to arbitrate would be enforced and that the intent of the parties would be maintained. In the more than eighty years since the passage of the Act, courts have repeatedly been called on to interpret the Act in order to determine its effect on real world situations. Recently, the …
Unchecked: How Frazier V. Citifinancial Eliminated Judicially Created Grounds For Vacatur Under The Federal Arbitration Act, Sean C. Wagner
Unchecked: How Frazier V. Citifinancial Eliminated Judicially Created Grounds For Vacatur Under The Federal Arbitration Act, Sean C. Wagner
Oklahoma Law Review
No abstract provided.