The Ohio State University Moritz College of Law December 2012
ADR @ Moritz

PUCAT Council Recognizes Alex Derkson’s Manifest Disregard Memorandum

The American Bar Association’s Section of Public Utility, Communications and Transportation Law (PUCAT) recognized Richard (“Alex”) Derkson (’13) at the Section’s Fall meeting for Alex’s memorandum on “Validity of the ‘Manifest Disregard of the Law’ Standard After the U.S. Supreme Court’s Decision in Hall Street Associates, L.L.C. v. Mattel, Inc.”

The memo examined way the “manifest disregard of the law” standard has been applied throughout the country by the Federal Circuit Courts as a means of vacating arbitration awards following the Supreme Court’s 2008 decision in Hall Street. It found a circuit split on the issue, with the Second, Fourth, Sixth, Ninth, and Tenth Circuits upholding manifest disregard doctrine, and the Fifth, Seventh, Eighth and Eleventh Circuits finding manifest disregard invalid grounds for vacatur.

Alex prepared the memo under the supervision of Prof. Sarah Cole, based on a request from Sam Porter of the law firm Porter Wright. George Avery, a member of the PUCAT ADR Committee, commended the way the memo “pulled together the diversity of approaches among the Circuits in a useful and informative way and identified the source of the problem—the Supreme Court's lack of clarity in its related decisions.”

A copy of the memo can be found here.

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The Caucus, the newsletter published by the Moritz Program on Dispute Resolution, is designed to share ADR news with the Moritz community and beyond, as well as provide Moritz students with information regarding externship and employment opportunities. Questions regarding this publication should be directed to Erin Archerd, Langdon Fellow in Dispute Resolution.