Alan Scott Rau recently posted his critique of the Supreme Court’s Hall Street Associates v. Mattel decision.  Perhaps, though, to call the article, entitled “Fear of Freedom,” a “critique” is to understate the fervency of Rau’s views.  It’s more like a well-organized, carefully-crafted rant.  Using words like “deeply unsatisfactory,” “appall[ing],” “hesitant and muddy,” and “grotesque,” … Continue reading The Hall Street Decision – Professor Rau’s Rant →

Penn Plaza filed its merits brief in the Pyett case on May 5, 2008. For the brief, see http://www.abanet.org/publiced/preview/briefs/unscheduled.html In the brief, Penn Plaza argues that the Federal Arbitration Act does not treat individual arbitration agreements differently than agreements negotiated collectively. As a result, statutory authority does not support the Second Circuit’s decision. According to … Continue reading Penn Plaza Argues for Enforcement of Arbitration Agreement in Merits Brief →

I’m wondering if anyone can point me to a specific example of duress being used successfully as the basis for avoiding an arbitration agreement. I’ve seen plenty of examples of cases in which it has been argued unsuccessfully. And I’ve seen examples of cases in which it was one of a laundry list of grievances, … Continue reading Duress as a basis for avoiding an arbitration agreement? →

Jean Sternlight, Saltman Professor, UNLV Boyd School of Law & Director Saltman Center for Conflict Resolution, brought to my attention the Second Circuit’s recent decision in Ross v. Bank of America, — F.3d —-, 2008 WL 1836640 (C.A.2 (N.Y.). According to Jean: “[I]t is the most important victory in recent years for consumers seeking to … Continue reading Ross v. Bank of America: Important Victory for Consumers Subject to Arbitration Provisions →

In one of her blog entries following the Supreme Court’s Hall Street v Mattel decision, Sarah Cole wondered whether the restrictive reading of FAA s10 and s11 left any space for “manifest disregard” and any other judicially-created grounds for arbitral review. Sarah concluded, I think correctly, that manifest disregard appears safe. And as she points … Continue reading Hall Street v. Mattel and “Public Policy” →

Rick Bales reports on Labor Prof blog at http://lawprofessors.typepad.com/laborprof_blog/2008/03/amicus-opportun.html that: Imre Szalai (California Western) is organizing an amicus brief of law professors to be filed in Vaden v. Discover Bank, 07-773. Vaden presents the issue, as described by SCOTUSBlog, of whether a suit seeking to enforce an arbitration obligation under state law is within the … Continue reading Opportunity to Participate in Vaden Amicus Brief →

One of my colleagues expressed concern that the Hall Street decision might eliminate the use of the manifest disregard standard of review. I don’t think it will but am curious if anyone out there disagrees. Here is why I think manifest disregard still exists: The Court said that the manifest disregard standard is different than … Continue reading Additional Thoughts on Hall Street v. Mattel — Whither Manifest Disregard? →

The Supreme Court decided Hall Street Associates today. Find the decision at: http://www.scotusblog.com/wp/ I am surprised by the 6-3 decision, authored by Justice Souter. The Court emphatically stated that sections 10 and 11 of the FAA are the exclusive grounds for expedited vacatur and modification of arbitration awards. The Court rejected the argument that the … Continue reading Hall Street Decision Today: Parties Cannot Expand Judicial Review of Arbitration Awards →