United States Second Circuit

Petitioner's application to vacate an arbitration award based on manifest disregard of the law will not stand where 1) an arbitrator misapplies an ambiguous, unclear law, 2) a proper application of law would have yielded the same result as an erroneous one, and 3) the arbitrator did known of the law's existence and its applicability to the problem before the arbitrator.

Appellate Information

• Argued 11/01/2002
• Decided 06/24/2003
• Published 06/25/2003

Judges

• CARDAMONE, Circuit Judge., Before:  FEINBERG, CARDAMONE, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert P. Stein, New York, New York (Greenberg Traurig, LLP, New York, New York;  Stanley McDermott III, Piper Rudnick LLP, New York, New York, of counsel), for Petitioner-Appellant.


• For Appellees:
  
• John D. Kimball, New York, New York (Healy & Baillie, LLP, New York, New York, of counsel), for Respondent-Appellee.