Rosati v. Bekhor’s Empirical Analysis
2001
Citation profile
Relationships
Applies 9 U.S.C. § 11 (Federal Arbitration Act)
Relies on United Steelworkers v. Warrior & Gulf Navigation Co. · Gilmer v. Interstate/Johnson Lane Corp. · Mastrobuono v. Shearson Lehman Hutton, Inc. · Ruckelshaus v. Sierra Club · Bryson Properties, XVIII v. Travelers Insurance Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the arbitration award is silent as to its rationale, the reviewing court first reviews the arbitration award to determine if there is a rational basis for the award. The onus is on the party requesting vacatur to refute ... every rational basis on which the arbitrator could have relied. If a proper basis for the award is found, then the party seeking to vacate the award is restricted to only the four statutory grounds. However, when an award is not silent as to its rationale, the reviewing court shall review any of the statutory grounds or non-statutory grounds raised by the party seeking to vacate.”
1 later decision quote this exact passage · from the majority“(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. (b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted. (c) Where the award is imperfect in matter of form not affecting the merits of the controversy.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.