Manifest disregard definition

Manifest disregard of the law, this means looking for something more than error or misunderstanding with respect to the law. See Freeman v. Pittsburgh Glass Works, LLC, 709
Manifest disregard means “something beyond and different from a mere error in
Manifest disregard of the law means more than simply a misunderstanding of the applicable law or an error in its application.24 To engage in “manifest disregard,” the arbitrator must be “willfully inattentive” to the governing law.25 That means that the party asserting manifest disregard of the law must show that the arbitrator knew what the binding authority was and explicitly disregarded it.26 Notably, the “manifest disregard” standard applies only to conclusions of law; “[t]he arbitrator’s factual findings are beyond review.”27

Examples of Manifest disregard in a sentence

  • The Development of Manifest Disregard as a Non-statutory Ground for Vacatur Manifest disregard of law traces its roots to the Supreme Court’s 1953 decision in Wilko v.

  • Manifest disregard for the law involves something more than a legal error — the arbitrator must have been “‘fully aware of the existence of a clearly defined governing legal principle, butrefused to apply it, in effect, ignoring it.’” Westa Constr., Inc.

  • Manifest disregard clearly means more than error or misunderstanding with respect to the law.

  • I accept that the panel reports contain advice and recommendations prepared for the purpose of the decision-making functions of the agency.

  • Recall that a Rankine vortex has a core that is equivalent to rigid body rotation.

  • Manifest disregard of the law remains a viable basis for vacatur in the Second, Fourth, and Ninth Circuits, while the Fifth, Eighth, and Eleventh Circuits have abandoned the doctrine, citing Hall Street.

  • Manifest disregard of the law means that the arbitrator understood and correctly stated the law but ignored it.

  • Manifest disregard of the law meansmore than error or misunderstanding with respect to the law.

  • Manifest disregard requires a two-part showing in which a court considers “first, whether the governing law alleged to have been ignored by the arbitrators was well defined, explicit, and clearly applicable, and, second, whether the arbitrator knew about the existence of a clearly governing legal principle but decided to ignore it or pay no attention to it.” Jock, 646 F.3d at 121 n.1 (quoting Westerbeke Corp.

  • Manifest disregard of the law by an arbitrator can occur in two ways: (1) if the arbitrator’s order requires the parties to violate the law, or (2) if the arbitrator’s order does not adhere to the legal principles set forth in the parties’ contract.


More Definitions of Manifest disregard

Manifest disregard means “more than error or misunderstanding with respect to the law.” LaPrade, 246 F.3d at 706. A party seeking to have an arbitration award vacated on the ground that an arbitrator acted in “manifest disregard of the law” must establish that (1) the arbitrator knew of a governing legal principle yet refused to apply it or ignored it altogether, and
Manifest disregard means that arbitrators knew the law and explicitly disregarded it." P . R . Tel. C o ., 427 F.3d at 32 (internal quotation marks omitted). "Put differently, disregard implies that the arbitrators appreciated the existence of a governing legal rule but wilfully decided not to apply it." Id. Because arbitrators are not required to explain or provide reasoning for their decisions, and frequently do not do so, an award will be vacated due to a manifest disregard of the law "only when the award is unfounded in reason and fact, . . . based on reasoning so palpably faulty that no judge or group of judges could ever conceivably have made such a ruling, or is mistakenly based on a crucial assumption which is decidedly a non-fact."
Manifest disregard of the law means more than simply misunderstanding the applicable law or erroneously applying it. Sheldon, 269 F.3d at 1207. To engage in “manifest disregard,” the arbiter must be “willfully inattentive” to the governing law. Id.; U.S. Energy Corp. v.

Related to Manifest disregard

  • Manifest Error means any error that we reasonably believe to be obvious or palpable, including without limitation, offers to execute Transactions for exaggerated volumes of Underlying Assets or at manifestly incorrect market price quotes or prices at a clear loss.

  • Manifest means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.

  • Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

  • Error means any failure of the Software to operate in conformance with the Documentation in any material respect.

  • Manifest injustice means a disposition that would either

  • Determination Agent means Calculation Agent Services LLC and any successor or replacement thereto or any other entity appointed as determination agent in accordance with the terms of the Determination Agency Agreement.

  • 5-year Mid-Swap Rate Quotations means the arithmetic mean of the bid and offered rates for the annual fixed leg (calculated on a 30/360 day count basis) of a fixed-for-floating euro interest rate swap transaction which:

  • Modified adjusted gross income means “federal adjusted gross income”:

  • Eligibility Determination means an approval or denial of eligibility and a renewal or termination of eligibility as set forth in OAR 410-200-0015;¶

  • Reviewing Party means any appropriate person or body consisting of a member or members of the Company's Board of Directors or any other person or body appointed by the Board of Directors who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or Independent Legal Counsel.

  • Base Rate Term SOFR Determination Day has the meaning specified in the definition of “Term SOFR”.

  • Determination Notice is defined in Section 6.1(b)(i) of the Agreement.

  • Determination of Taxability means and shall be deemed to have occurred on the first to occur of the following:

  • Reference Government Bond Dealer Quotations means, with respect to each Reference Government Bond Dealer and any date of redemption, the arithmetic average, as determined by the Determination Agent, of the bid and offered prices for the Reference Bond (expressed in each case as a percentage of its nominal amount) at the Quotation Time on the Reference Date quoted in writing to the Determination Agent by such Reference Government Bond Dealer; and

  • Mid-Market Swap Rate Quotation means a quotation (expressed as a percentage rate per annum) for the relevant Mid-Market Swap Rate;

  • reasonable measures means appropriate measures which are commensurate with the money laundering or terrorism financing risks;

  • Index Determination Date means, in relation to any Index, a date on which such Indexfalls to be determined in accordance with the Conditions;