Scott Seldin, Individually and as Trustee of the Selden 2002 Irrevocable Trust, dated October 9, 1993, et al. v. Estate of Stanley C. Silverman, et al.
AdministrativeLaw Arbitration Securities Privacy JusticiabilityDoctri
Whether the FAA categorically forecloses courts from vacating an arbitration award on the ground that the award is contrary to public policy
QUESTIONS PRESENTED The Federal Arbitration Act (“FAA”) provides a mechanism for courts to enforce arbitration awards. The FAA also specifies grounds on which courts may vacate or modify those awards. The questions presented are: 1. Whether the FAA categorically forecloses courts from vacating an arbitration award on the ground that the award is contrary to public policy. 2. Whether the FAA’s protection against an arbitrator’s “evident partiality” (9 U.S.C. § 10(a)(2)) is triggered when there is a reasonable impression of partiality, or instead by a more heightened standard such as a showing of actual bias.