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Arbitration after Hall Street

November 15, 2008

For the Defense

Aaron S. Bayer

In Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S. Ct. 1396 (2008), the United States Supreme Court held, in a 6-3 decision, that parties seeking to enforce an arbitration award under the Federal Arbitration Act (“FAA”) cannot contractually expand the scope of a court’s review of the award beyond the limited standards of review provided in the FAA. The Court’s ruling resolved a longstanding split among the circuits on this issue, but the scope of its decision and its long-term impact on arbitration are from from clear.

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