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An Opportunity Lost: The Supreme Court’S Failure To Recognize The Implications Of Its Holding In Hall Street Associates, L.L.C. V. Mattel, Inc., Eric S. Chafetz
An Opportunity Lost: The Supreme Court’S Failure To Recognize The Implications Of Its Holding In Hall Street Associates, L.L.C. V. Mattel, Inc., Eric S. Chafetz
Eric S. Chafetz
The Supreme Court of the United States, in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008), finally addressed whether parties can contract to expand the judicial review provisions in sections 10 and 11 of Article 1 of the Federal Arbitration Act (“FAA”), which governs domestic arbitration awards. Although the Supreme Court resolved this specific issue in the negative, its analysis was incomplete, as it did not recognize how the meaning of the language included in section 9 of Article 1 of the FAA was very similar to that in section 207 of Article 2 of the FAA. …