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Current Developments In The United States

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Chapter Summary

This chapter reviews recent developments in arbitration law in the United States over the last year. It touches briefly on five topics that author thinks warrant attention and, in some instances, considers trends extending back beyond a year. The topics are: (1) the recent U.S. Supreme Court decision in Hall Street v. Mattel, which held that parties could not expand by contract the scope of judicial review of an arbitral award under the Federal Arbitration Act, 9 U.S.C. Section 1 et seq.; (2) U.S. case law on jurisdiction to determine jurisdiction; (3) U.S. case law on public policy as a defense to enforcement; (4) U.S. case law on the enforceability of an award vacated in the place of arbitration under Article V(1)(e) of the New York Convention; and (5) returning to Hall Street, U.S. case law on manifest disregard of the law as a ground for vacating an award.

Keywords: arbital award; arbitration law; enforceability; Federal Arbitration Act; Hall Street v. Mattel; jurisdiction; New York convention; public policy; U.S Supreme Court; United States



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