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Civil Procedure — arbitration

By: WISCONSIN LAW JOURNAL STAFF//October 3, 2011//

Civil Procedure — arbitration

By: WISCONSIN LAW JOURNAL STAFF//October 3, 2011//

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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.

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