Skip to main content
· 11/30/2011

Schwartz v. Merrill Lynch & Co.

Citations

  • 665 F.3d 444
  • 2011 U.S. App. LEXIS 23803
  • 113 Fair Empl. Prac. Cas. (BNA) 1479
  • 2011 WL 5966616

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding \manifest disregard [of the law] remains a valid ground for vacating arbitration awards\ (quoting T.Co Metals, LLC v. Dempsey Pipe & Supply, Inc., 592 F.3d 329, 340 (2d Cir. 2010))
  • “[I]nterpretation of the contract terms is within the province of the arbitrator and will not be overruled simply because we disagree with that interpretation”
  • “[I]nterpretation of the contract terms is within the province of the arbitrator and will not be overruled simply because we disagree with that interpretation.” (cleaned up)
  • “[A] statute that would ‘require an Article III court to set aside a final judgment’ ‘entered before its enactment’ would violate the constitutional principle of separation of powers.”
  • confirming the continued validity of the “manifest disregard” standard
  • ‘Under FAA § 10, an arbitrator’s award may also be vacated ‘where the arbitrator’s award is in manifest disregard of the terms of the [parties’] agreement.’” (quoting Yusuf Ahmed Alghanim & Sons v. Toys “R” Us, Inc., 126 F.3d 15, 23 (2d Cir. 1997)

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Sack, Katzmann

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.