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Write a 12 pages paper on discuss and evaluate the right of the parties to challenge an arbitral award on grounds of error of law in the context of the position taken in the united states (see, e.g.,
Write a 12 pages paper on discuss and evaluate the right of the parties to challenge an arbitral award on grounds of error of law in the context of the position taken in the united states (see, e.g., hall street assoc. v. mattel, 128 s. ct. 1396 (2008)) and the review provisions o. Pursuant to Section 11, an award may be modified for: evident material miscalculation. evident material mistake. dealing with matters not submitted to the arbitrators. or imperfections not affecting the merits of the award.
In the course of a long span of jurisprudence the federal agencies were divided and split over the interpretation of these provisions, while some courts opined considering Sections 10 and 11 to be the exclusive grounds on weather to vacate or modify an award and others considered them as mere open to expansion by agreement. The debate continued and persisted and renewed as Hall Street made headlines in the courts, Federal Arbitration Act (2006)2.
Congress enacted federal Arbitration Act 1925 with the intention of settling disputes through arbitration. There are diverse views about the FAA’s post arbitration position for judicial review and weather the contracting parties can expand it. In the case of Hall Street Associates v. Mattel (2008)3, Inc. the Supreme Court held that 9-11 sections of FAA provide the exclusionary aspect of speedy judicial review of arbitration awards. The approach of courts many times has been minimalist. The resolution of the issue led to larger issues and disputes being remained unresolved. It led to a situation where the lower courts of late started to disagree with the narrow approach of the Supreme Court. Hall Street judgment creates a lot of ambiguity in the aspect of altered minimalism. Tenant Mattel leased a property for a manufacturing site from landlord Hall Street. There was a clause indemnifying Hall Street for any costs incurred by Mattel’s failure to follow environmental. In 1998, tests was carried out of the property’s well water and it revealed high levels of contaminations and other pollutants, and after three years, Mattel gave notice of with intention to terminate the lease.
