United States Second Circuit

In a case arising from the dismissal of a petition to vacate a final arbitral award under section 10 of the Federal Arbitration Act (FAA), 9 U.S.C. section 10, the District Court's conclusion, that the decision in Greenberg v. Bear, Stearns & Co., 220 F.3d 22 (2d Cir. 2000) precluded it from using the so-called 'look‐through' approach in determining whether federal‐question jurisdiction exists over the petition, is vacated where: 1) the Supreme Court's subsequent decision in Vaden v. Discover Bank, 556 U.S. 49 (2009), casts doubt upon Greenberg's continued vitality; 2) upon reconsideration of Greenberg, therefore, the reasoning of Vaden and the nature of the FAAt require overruling Greenberg; thus 3) District Courts may apply a look‐through approach to section 10 petitions; and 4) allegations that arbitrators disregarded rules of a self‐regulatory organization do not allege a manifest disregard of federal law.

Appellate Information

• Published 2016/08/11

Judges

• WESLEY

Court

• United States Second Circuit

Counsel