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The Federal Arbitration Act (FAA) § 10 governs the process and grounds by which a court can vacate an arbitral award. FAA § 10 outlines four interpretive provisions that qualify as grounds to vacate an arbitrator's award. The FAA provides that the fourth ground for vacating an arbitral award is triggered when the arbitrators have "exceeded their powers." The ambiguity surrounding excess of authority has garnered attention from many state and federal courts, including the Supreme Court of the United States. The attention from the Supreme Court mainly arises from the common law rule granting vacatur to "manifest disregard" of the law, finding refuge under the ambiguous umbrella of § 10(a)(4).
Recommended Citation
Brian Forgue, Re-Thinking The Federal Arbitration Act § 10: Vacating "Manifest Disregard", 7 Y.B. Arb. & Mediation 255 (2015).