The Status of “Manifest Disregard of the Law,” Now in Chart Form!

Following Hall Street and Stolt-Nielsen, there’s been an “open” question as to whether a party can still challenge arbitrators’ rulings for “manifest disregard of the law” under the FAA.  (I say “open” because I thought Hall Street made it pretty clear that “manifest disregard” challenges weren’t viable under the FAA.)  Some circuits have held that “manifest disregard” challenges are still viable, while others say no deal.

Last month, in Wachovia Secs., LLC v. Brandthe Fourth Circuit joined the fray, holding that “manifest disregard” challenges are still viable.  So, where do things stand now?  Well, I could write it all out for you, but that would get boring, so instead I’ll show you!  Here is our handy chart showing where “manifest disregard” challenges are and aren’t viable (click here for a printable PDF version).

About Brian Jones

I represent clients in all aspects of business litigation, but focus my practice on complex litigation and arbitration matters concerning insurance and reinsurance, antitrust, class actions, securities, real estate disputes, and contract matters. I am the co-chair of the Bose McKinney & Evans Insurance Group. I was listed in the 2017 and 2016 "Best Lawyers in America" for Insurance Coverage and named a "Rising Star" in Insurance Coverage by Super Lawyers in Indiana in 2014. I was also named a "Rising Star" in Business Litigation by Super Lawyers in Indiana in 2013 and 2012, and a 2010 “Rising Star” in Business Litigation in Texas. I am a member of the State Bars of Indiana and Texas, the Defense Research Institute, a former member of the Pro Bono College of the State Bar of Texas, and I am licensed to practice before all state courts in Indiana and Texas, as well as all federal courts in Indiana, the Northern, Western, and Southern Districts of Texas, the Northern District of Illinois, and the United States Courts of Appeals for the Fifth, Seventh, and Eleventh Circuits. I received my bachelor’s degree, cum laude, in political science and my master’s degree in teaching from Trinity University, where I was elected to Phi Beta Kappa. I received my doctor of jurisprudence degree from the University of Texas School of Law, where I was the Director of Communications for the Legal Research Board and a member of the Phi Delta Phi Honor Society. Before attending law school, I taught high school geography, government and economics in San Antonio, Texas.
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