Expanded Judicial Review of Arbitration Awards Post Hall Street v. Mattel
Evaluating and Crafting Arbitration Provisions to Preserve Judicial Review Options
Does California's Supreme Court Decision in Cable Connection v. DIRECTV Provide New Alternatives?
Recording of a 90-minute CLE webinar with Q&A
- Expanded Judicial Review in Light of Hall Street v. Mattel
- FAA statutory and non-statutory (manifest disregard) grounds for review
- Pre-Hall Street contractual expansion of grounds for review
- Hall Street decision
- Arbitration Under State Arbitration Acts
- Cable Connection v. DIRECTV decision
- Similar rulings, if any
- Pros and cons of arbitration under FAA v. state arbitration acts
- Drafting arbitration agreements under state acts
- Is “Manifest Disregard of the Law” Still a Viable Basis for Seeking Judicial Review?
- What did the Hall Street court say in dicta?
- What have other courts done since then?
- Other Alternatives to Arbitration Under FAA or State Arbitration Law
- Party-solicited court order directing parties to arbitrate while maintaining right to review award (as happened in Hall Street)
- Appointment of special master under FRCP Rule 53
- Review by arbitral appellate panel
The panel reviewed these and other key questions:
- Is "manifest disregard of the law" a viable basis for seeking judicial review after Hall Street?
- Does the Cable Connection ruling provide a state-based end-run around the limits of Hall Street?
- What are the pros and cons of arbitration under state law as opposed to the FAA?
- What are best practices for drafting arbitration agreements to maximize the option of expanded judicial review of arbitration awards?
Donald J. Friedman
He is a member in the firm's Litigation practice, where he focuses in the areas of commercial litigation and... | Read More
He is a member in the firm's Litigation practice, where he focuses in the areas of commercial litigation and arbitration, particularly in telecommunications and high-technology industries.Close
Robins, Kaplan, Miller & Ciresi
He represents companies and individuals in complex business litigation matters such as consumer and business fraud,... | Read More
He represents companies and individuals in complex business litigation matters such as consumer and business fraud, misappropriation of trade secrets, unfair competition, false advertising, antitrust.Close
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