Hall St. Assocs., L.L.C. v. Mattel, Inc.
552 U.S. 576 (2008) Cited 2,026 times 63 Legal AnalysesHolding that Federal Arbitration Act provides "exclusive" grounds for vacatur or modification of arbitration award
Stolt-Nielsen S.A. v. Animalfeeds Intr.
559 U.S. 662 (2010) Cited 1,704 times 211 Legal AnalysesHolding that a prudential ripeness argument was waived
Southland Corp. v. Keating
465 U.S. 1 (1984) Cited 1,888 times 22 Legal AnalysesHolding that through the FAA, "Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements"
Green Tree Fin. Corp. v. Bazzle
539 U.S. 444 (2003) Cited 687 times 34 Legal AnalysesHolding that "gateway matters," such as the scope of an arbitration provision, should be determined by courts and not arbitrators
Eastern Associated Coal v. United Mine Workers, A.
531 U.S. 57 (2000) Cited 580 times 6 Legal AnalysesHolding that federal law against use of drugs by transportation employees did not prevent enforcement of arbitration award to reinstate truck driver who had twice tested positive for marijuana
Kyocera Corp. v. Prudential-Bache
341 F.3d 987 (9th Cir. 2003) Cited 381 times 2 Legal AnalysesHolding that "arbitrators `exceed their powers' . . . when the award is `completely irrational,' or exhibits a `manifest disregard of law'"
Comedy Club, Inc. v. Improv West Associates
553 F.3d 1277 (9th Cir. 2009) Cited 294 times 6 Legal AnalysesHolding that manifest disregard survives as “shorthand for ... 9 U.S.C. § 10, which states that the court may vacate ‘where the arbitrators exceeded their powers' ”
Lagstein v. Certain Underwriters at Lloyd's
607 F.3d 634 (9th Cir. 2010) Cited 190 timesHolding that to vacate an arbitration award on a manifest disregard of the law ground, it "must be clear from the record that the arbitrators recognized the applicable law and then ignored it"
Michigan Mut. Ins. Co. v. Unigard Sec. Ins. Co.
44 F.3d 826 (9th Cir. 1995) Cited 123 times 1 Legal AnalysesHolding that an arbitrator exceeds his powers within the meaning of § 10 when he "act outside the scope of the parties' contractual agreement"
Keating v. Superior Court
31 Cal.3d 584 (Cal. 1982) Cited 150 timesConcluding preliminary motions relating to removal to federal court and coordination of related actions did not compel finding waiver
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,013 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 4 - Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination
9 U.S.C. § 4 Cited 6,572 times 33 Legal AnalysesGranting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists
Section 10 - Same; vacation; grounds; rehearing
9 U.S.C. § 10 Cited 5,527 times 104 Legal AnalysesVacating arbitration award appropriate " where the award was procured by corruption, fraud, or undue means; where there was evident partiality or corruption in the arbitrators, or either of them; where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made."
Section 7 - Witnesses before arbitrators; fees; compelling attendance
9 U.S.C. § 7 Cited 204 times 22 Legal AnalysesProviding for compulsion of evidence by district court in district where arbitrators are sitting