Confirmation and Modification of Award

Question 1

First Options

Answer 1

Use ordinary standards of review for arbitration awards.

Question 2

Oxford Health

Answer 2

FAA § 10(a)(4) “where the arbitrator exceeded his powers” = failure to interpret the contract at all.

Question 3

Savers Property and Casualty (6th Cir)

Answer 3

Court can only intervene in arbitration at the beginning (gateway issues) and the end (after final award).

Exception: the parties contracted for an interlocutory appeal.

Question 4

Hall Street Associates

Answer 4

Cannot supplement FAA §§ 10-11 by contracting for extra stuff.