The Court’s strong language in Hall Street indicated the Court’s intent for the FAA to provide the exclusive grounds for vacating an arbitral award. Therefore, once the Court addresses the circuit split, it will likely hold that judicially created grounds are not an acceptable form of vacatur. However, doing so would cause individuals injustice, in particular where awards manifestly disregard the law and go against public policy. This Note argues that if the Court abolishes judicially created grounds, it should reinterpret the FAA to include manifest disregard of the law and violations to public policy under the exceeded powers exception of the statute.
Ashley K. Sundquist,
Do Judicially Created Grounds for Vacating Arbitral Awards Still Exist?: Why Manifest Disregard of the Law and Public Policy Exceptions Should be Considered under Vacatur,
2015 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2015/iss2/9