Originally from Dispute Resolution Journal

The issue of manifest disregard has been argued hotly since the Wilko v. Swan decision in 1953. Onestumbling block to a definitive determination of the criteria for vacatur of an arbitral decision on the basis of manifest disregard was the failure of the Wilko court to explain exactly what it meant by that phrase. The author examines its meaning and its implications and plots its effect on international arbitration awards under the United States Arbitration Act and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Needless to say, manifest disregard doctrine and its ultimate disposition is of vital interest to all ADR professionals.