The Other Avenues of Hall Street and Prospects For Judicial Review of Arbitral Awards

24 Pages Posted: 17 Jun 2010

See all articles by Maureen A. Weston

Maureen A. Weston

Pepperdine University - Rick J. Caruso School of Law

Date Written: June 16, 2010

Abstract

In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards covered under the Act. In so ruling, the Court rejected the contention that the FAA’s requirement to enforce arbitration contracts as written includes private contracts that seek to expand the scope of judicial review beyond the grounds enumerated in the FAA. Despite holding that parties cannot expand a court’s power to review an arbitration award under the FAA, the Court alluded to the possibility of “other possible avenues” for judicial review of arbitration awards. This decision arguably raised more questions than it answered. For example, did Hall Street limit a court’s power to review an arbitral award for a judicially recognized standard of manifest disregard of the law or violation of public policy? Can parties achieve essentially the same result through creative drafting, such as provisions that limit the scope of an arbitrator’s powers to render only factually or legally correct decisions? Are state courts bound by the FAA’s narrow modification and review standards, and Hall Street’s interpretation thereof? This Article analyzes these questions and considers Hall Street’s impact on arbitration practice and judicial willingness and ability to review arbitral awards.

Keywords: Federal Arbitration Act, arbitration, ADR, dispute, resolution, arbitration contract, arbitration award, court, review, disregard of the law, public policy, judge, judiciary, judicial

Suggested Citation

Weston, Maureen A, The Other Avenues of Hall Street and Prospects For Judicial Review of Arbitral Awards (June 16, 2010). Lewis & Clark Law Review, Vol. 14, 2010, Pepperdine University Legal Studies Research Paper No. 2010/8, Available at SSRN: https://ssrn.com/abstract=1625891

Maureen A Weston (Contact Author)

Pepperdine University - Rick J. Caruso School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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