By: WISCONSIN LAW JOURNAL STAFF//October 3, 2011//
United States Court of Appeals
Civil
Civil Procedure — arbitration
Manifest disregard of the law is not a ground on which a court may reject an arbitrator’s award under the Federal Arbitration Act.
“Affymax believes that the arbitrators erred in resolving the questions put to them. But ‘the question for decision by a federal court asked to set aside an arbitration award . . . is not whether the arbitrator or arbitrators erred in interpreting the contract; it is not whether they clearly erred in interpreting the contract; it is not whether they grossly erred in interpreting the contract; it is whether they interpreted the contract.’ Hill v. Norfolk & Western Ry., 814 F.2d 1192, 1194–95 (7th Cir. 1987). This panel applied the 1992 contract, and its award must be enforced.”
Reversed and Remanded.
11-2070 Affymax Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.
Appeal from the United States District Court for the Northern District of Illinois, Kennelly, J., Easterbrook, J.