No. 18-1546

Century III Mall PA LLC v. Sears Roebuck & Co.

Lower Court: Third Circuit
Docketed: 2019-06-14
Status: Denied
Type: Paid
Tags: 9-usc-10a4 arbitration-award arbitration-review arbitrator-authority binding-arbitration civil-litigation contract-interpretation contractual-rights dispute-resolution judicial-restraint lease-valuation prudential-restraint scope-of-authority statutory-interpretation
Key Terms:
Arbitration JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

At what point does an arbitrator's exercise of his or her authority to interpret a contract cross a boundary into an impermissible re-writing of that contract?

Question Presented (OCR Extract)

QUESTION PRESENTED While courts exercise prudential restraint when considering whether to vacate an arbitration award under 9U.S.C.§10(a)(4) (“where arbitrators exceeded their powers ... .”), and while the scope of a court’s review is limited under that statute, this must be balanced with the principle that the scope of an arbitrator’s power in a case is limited by the terms of the parties’ agreement to arbitrate, and courts must correct arbitration awards that exceed the scope of the authority granted to the arbitrator. Pursuant to these competing concepts: At what point does an arbitrator’s exercise of his or her authority to interpret a contract cross a boundary into an impermissible re-writing of that contract?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-31
DISTRIBUTED for Conference of 10/1/2019.
2019-07-15
Brief of respondent Sears Roebuck & Co. in opposition filed.
2019-06-14
Petition for a writ of certiorari filed. (Response due July 15, 2019)

Attorneys

Century III Mall PA LLC
Thomas Michael PohlBernstein-Burkley, P.C., Petitioner
Sears Roebuck & Co.
Harlan Schlesinger StoneDickie, McCamey & Chilcote, P.C., Respondent