Manifest Disregard

Introduction#

There is a circuit split if “Manifest Disregard of Law” is a basis to vacate arbitration decisions.

Basis#

It is typical to assert that 9 U.S.C. §10(a)(4) (arbitrators exceeding their powers) is the basis to vacate an arbitration award. To succeed under “Manifest Disregard of Law”, there must be “some showing in the record, other than the result obtained, that the arbitrator knew the law and expressly disregarded it.” ¹

Circuits#

Manifest Disregard Status By Circuit
Circuit	Position of Manifest Disregard of Law	Explanation	Citations
1st	Open question	Although we concluded, in dicta, that the doctrine is no longer available we have “not squarely determined whether our manifest disregard case law can be reconciled with Hall Street” — refraining from deciding whether “manifest disregard” survived Hall Street as an independent ground for review or as a judicial gloss on the enumerated grounds for vacatur set forth at 9 U.S.C. § 10”.	Ramos-Santiago V. United Parcel Service, 524 F.3d 120 (1st Cir. 2008). Wonderland Greyhound Park, Inc. V. Autotote Systems, Inc., 274 F.3d 34 (1st Cir. 2001). Raymond James Financial Services, Inc. V. Fenyk, 780 F.3d 59 (1st Cir. 2015).
2nd	Valid reason to vacate		Wallace V. Buttar, 239 F. Supp. 2d 388 (S.D.N.Y. 2003). [note: this is prior to Hall Street]
3rd
4th
5th
6th
7th
8th
9th
10th
11th
Federal
D.C.

Manifest Disregard of the Facts#

Manifest Disregard of the facts or evidence is not a valid reason to vacate in any jurisdiction.

References#

Note

Typos may be fixed and citations cleaned

Ramos-Santiago V. United Parcel Service, 524 F.3d 120 (1st Cir. 2008). ↩︎