Manifest disregard of the law definition

Manifest disregard of the law means something more than just an error in the law or a
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Manifest disregard of the law. “clearly means more than [an arbitral] error or misunderstanding
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Manifest disregard of the law. In the context of contract interpretation, the Second Circuit has held that the heavy burden borne by the party moving to vacate an arbitration award “essentially bars review of whether an arbitrator misconstrued a contract.” T. Co Metals, LLC x. Xxxxxxx Pipe & Supply, Inc., 592 F.3d 329, 339 (2d Cir. 2010). Vacatur on the grounds of manifest disregard of the law is justified only by “some egregious impropriety on the part of the arbitrator[s],” which is “more than error or misunderstanding with respect to the law.” Id. (internal quotation marks and citations omitted). Specifically, the Second Circuit has recognized three factors to consider in determining whether the arbitration panel acted in manifest diregard of the law: First, we must consider whether the law that was allegedly ignored was clear, and in fact explicitly applicable to the matter before the arbitrators. An arbitrator obviously cannot be said to disregard a law that is unclear or not clearly applicable. Thus, misapplication of an ambiguous law does not constitute manifest disregard. Second, . . . we must find that the law was in fact improperly applied, leading to an erroneous outcome Even where explanation for an award is deficient or non-existent, we will confirm it if a justifiable ground for the decision can be inferred from the facts of the case. Third, . . . we look to a subjective element, that is, the knowledge actually possessed by the arbitrators. In order to intentionally disregard the law, the arbitrator must have known of its existence, and its applicability to the problem before him. Id. (alterations in original). Moreover, “[u]nder the manifest disregard standard the
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Examples of Manifest disregard of the law in a sentence

  • Manifest disregard of the law “means more than error or misunderstanding with respect to the law.” Kanuth, 949 F.2d at 1178.

  • Manifest disregard of the law remains a viable basis for vacatur in the Second, Fourth, and Ninth Circuits, while the Fifth, Eighth, and Eleventh Circuits have abandoned the doctrine, citing Hall Street.

  • Manifest disregard of the law meansmore than error or misunderstanding with respect to the law.

  • Manifest disregard of the law was established as a non-statutory ground for vacatur of an arbitration award in Wilko v.

  • Manifest disregard of the law includes failure to consider relevant statutory and case law.

  • Manifest disregard of the law requires more than an error in interpretation or1 application of the law.

  • Manifest disregard of the law is not an available basis for vacating an arbitration award in the Eleventh Circuit.

  • Manifest disregard of the law has been interpreted in different ways, even by the same court.

  • Manifest disregard of the law requires vacation of an award that is: (1) “unfounded in reason and fact,” (2) “based on reasoning so palpably faulty that no judge, or group of judges, ever could conceivably have made such a ruling,” or (3) “mistakenly based on a crucial assumption that is concededly a non-fact.” Zayas v.

  • Manifest disregard of the law is often called a “judicial gloss” on the statutory grounds for vactur in 9 U.S.C. § 10(a)(1)-(4).


More Definitions of Manifest disregard of the law

Manifest disregard of the law means something more than
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Manifest disregard of the law as a means for dissolving arbitration decisions remains in wide dispute, with circuits split on its permissibility.
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Manifest disregard of the law as a means for dissolving arbitration decisions remains in wide dispute, with circuits split on its permissibility. The Fourth Circuit, however, has generally allowed its use.9 Nonetheless, considerable confu- sion remains even within individual circuits as to how the law should be applied. In Dewan, both parties and the district court believed the Maryland Uniform Arbitration Act con- trolled the resolution of the dispute.10 The Fourth Circuit, however, disagreed, holding instead that the Federal Arbitra- tion Act (“FAA”) was controlling. In the court’s view, the FAA did not merely supply a procedural framework applica- ble in federal courts; it also called for the application, in both federal and state courts, of federal substantive law regarding arbitration.11
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Manifest disregard of the law means “more than error or misunderstanding with respect to the law.” Jeffrey M. Brown Assocs., 195 F.Supp.2d at 684; Tanoma Mining Co. v. Local Union No. 1269, United Mine Workers of Am., 896 F.2d 745, 749 (3d Cir. 1990) (“an award may not be vacated merely because the arbitrator made an error of law”). “‘[M]anifest disregard of the law’ encompasses situations in which it is evident from the record that the arbitrator recognized the applicable law, yet chose to ignore it.” Jeffrey M. Brown Assocs., 195 F.Supp.2d at 684. Accordingly, so long as the arbitration award is arguably correct, it must be enforced, “regardless of the fact that a court is convinced that the arbitrator has committed a serious error.” Id. at 685.
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Related to Manifest disregard of the law

  • Manifest Error means any error that we reasonably believe to be obvious or palpable, including without limitation, offers to execute Transactions for exaggerated volumes of Underlying Assets or at manifestly incorrect market price quotes or prices at a clear loss.

  • Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

  • Indemnified Liabilities has the meaning specified in Section 10.05.

  • Reviewing Party any appropriate person or body consisting of a member or members of the Company's Board of Directors or any other person or body appointed by the Board who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or Independent Legal Counsel.

  • Reviewing Authority means the Alberta Securities Commission.

  • Extraordinary unspecifiable services means services which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor.

  • Enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

  • Physical or mental disability means a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Regulations at 29 CFR 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.