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The Coffee Beanery, Ltd. v. WW, LLC, et al.

Close Date: 10/05/2009
Status: open
Citation: 300 Fed. Appx. 415
Date Of Involvement: 06/30/2009
Docket: 08-1396

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Description:

Arbitration

Under the Federal Arbitration Act, courts may vacate arbitration awards when arbitrators have “exceeded their powers.” 9 U.S.C. § 10(a)(4). Every circuit to squarely address the issue has held that arbitrators may exceed their powers under Section 10(a)(4) by manifestly disregarding the law, and no circuit has foreclosed that manifest-disregard standard. The questions presented are:

1. In the absence of a circuit split, should this Court grant certiorari to decide whether the manifest-disregard standard is consistent with Section 10(a)(4)?

2. Should the Court grant certiorari to decide whether, assuming the manifest-disregard standard is consistent with Section 10(a)(4), the decision below misapplied that standard to the facts of this case?

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