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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2012

Journal

The Journal of Business, Entrepreneurship & the Law

Contracts

Commercial arbitration

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Full-Text Articles in Law

Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel, Karly A. Kauf Jan 2012

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 …