Buehler

Bear Stearns & Co. v. Buehler

Good Law
23 F. App'x 773
United States Court of Appeals for the Ninth CircuitDecember 4, 2001Nos. 00-56736, 01-55266; D.C. No. CV-99-10417-SVW.California839 words

Opinion

Lead Opinion

MEMORANDUM *

Bear Stearns & Company (“Bear Stearns”), Bear Stearns Security Corporation (“BSSC”), Stephen Ackerman (“Ackerman”), Barry Ganz (“Ganz”), and Mark Seruya (“Seruya”) (collectively “Brokers”) appeal the district court’s decision confirming a multimillion dollar arbitration award against them. We have jurisdiction over this timely appeal pursuant to 9 U.S.C. § 16 , and we affirm.

We review de novo the district court’s decision confirming an arbitration award and denying vacatur, see Woods v. Saturn Dist. Corp., 78 F.3d 424, 427 (9th Cir.1996), but the arbitrators’ award may be overturned only if it was rendered in manifest disregard of the law, see Todd Shipyards Corp. v. Cunyard Line, LTD., 943 F.2d 1056, 1060 (9th Cir.1991), or if it constitutes a completely irrational decision. See French v. Merrill Lynch, 784 F.2d 902 , 906 (9th Cir.1986). It is not enough that the arbitrators failed to understand the law or apply it correctly. See Michigan Mutual Ins. Co. v. American Hardware Mut. Ins. Co., 44 F.3d 826, 832 (9th Cir.1995). In order to overturn the arbitrators’ decision, the Brokers must demonstrate that the governing law was well-defined, explicit, and clearly…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.