California Court upholds arbitration award Baraban Securities, Inc. v. Viersen & Watts, Case No. CV 00-02931 (WJR) (C.D. Calif., 4/18/00): Baraban alleges manifest disregard of the law in its petition to vacate the underlying NASD Award (NASD ID #97-02538, Portland, OR, 2/23/00), claiming that the claims were encompassed by a […]
Tag: Manifest Disregard
Manifest Disregard of the Law Again
Failure to Provide Citations in Award Explanation Is Not Evidence of Manifest Disregard of the Law BUNZL DISTRIBUTION v. DEWBERRY, No. 00-2325 (8th Cir., 6/11/01): Claims of manifest disregard, based upon an alleged failure to apply applicable law, will not be presumed by an omission to cite the law. The […]
Manifest Disregard Requires Knowledge and Decision to Ignore
Manifest Disregard Means Knowledge of, and Decision to Ignore, the Law Rosenbaum vs. Imperial Capital, LLC and Rich, 2001 US Dist. LEXIS 17577 (D. Md., 10/29/01) Rosenbaum was a customer of Imperial, a broker-dealer. Rich, an RR at Imperial handled the account. In September of 1997, Rich solicited the purchase […]
Arbitrators Are Not in Manifest Disregard of the Law Where Questions of Fact Exist
Arbitrators are not in manifest disregard of the law, where a question of fact exists that the Panel might have resolved in a number of ways First of Michigan Corp. v. Mansour, No. 228521 (Mich. App., 5/17/02). Award Challenge * Confirmation of Award * Manifest Disregard * Exceeding Powers * […]
