Spirit of the East, LLC v. Yale Products Inc., et al.
Arbitration
Whether a court is prohibited from even considering public policy as a ground to vacate an arbitration award under the FAA when the award commands action in violation of criminal statutes
QUESTION PRESENTED The Federal Arbitration Act, 9 U.S.C. §§ 1, e¢ al. (“FAA”), provides for judicial review of arbitration awards. This includes grounds for vacating awards where an arbitrator exceeds his or her power. In Hall Street Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), this Court held parties to a contract could not supplement statutory grounds for vacating an arbitration award under the FAA, but it did not address the long-standing power of a court to refuse to enforce an award based on public policy. The question presented is: Whether a court is prohibited from even considering public policy as a ground to vacate an arbitration award under the FAA when the award commands action in violation of criminal statutes.