Federal Judiciary

Petition of the day

By Conor McEvily

Today?s petition of the day is: 

Title: Certain Underwriters at Lloyd’s, London v. Lagstein
Docket: 10-534
Issue(s): (1) Whether review of an arbitration award for ?manifest disregard of the law? or ?complete irrationality? remains available after Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008); and if such review is available, should a reviewing court determine "irrationality" under the totality of the circumstances, or are awards impregnable unless it is "clear from the record that the arbitrators recognized the applicable law and ignored it"; (2) whether the Federal Arbitration Act (FAA) requires vacatur of an arbitral award issued by arbitrators who failed to disclose material facts bearing on their integrity and their relationships with each other, or are arbitrators required to disclose only their relationships with the parties and counsel; and (3) whether arbitrators ?exceed their powers? within the meaning of Section 10(a)(4) of the FAA when they issue an arbitral award after the deadline expressly agreed to by the parties in accordance with the governing arbitration rules.

Certiorari-Stage Documents:

• Opinion below (9th Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on November 11, 2010 (boomark / email).