“The FAA was not passed with employment contracts in mind. Businesses wanted Congress to end the ‘ruinous litigation’ that affected trade. This has implications for court review of awards – where many arbitration agreements embody unequal bargaining power. To read the FAA so narrowly as to preclude even the most reserved form of judicial review for intentional legal errors puts courts in the absurd role of enforcing rulings that flout the law. Courts should not place arbitrators above the law. Preserving this extremely narrow safeguard does not conflict with the FAA’s intent to end judicial hostility to arbitration.”

Source: Michael H. LeRoy. Are Arbitrators Above the Law? The “Manifest Disregard of Law” Standard. 52 Boston College Law Review 137, 184, 2011.

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