| 5. There are reasons for the RUAA not to embrace either the |
| "manifest disregard" or the "public policy" standards of court |
| review of arbitral awards. The first is presented by the |
| omission from the FAA of either standard. Given that omission, |
| there is a very significant question of possible FAA |
| preemption of a such a provision in the RUAA, should the |
| Supreme Court or Congress eventually confirm that the four |
| narrow grounds for vacatur set out in Section 10(a) of the |
| federal act are the exclusive grounds for vacatur. The second |
| reason for not including these vacatur grounds is the dilemma |
| in attempting to fashion unambiguous, "bright line" tests for |
| these two standards. The case law on both vacatur grounds is |
| not just unsettled but also is conflicting and indicates |
| further evolution in the courts. As a result, the Drafting |
| Committee concluded not to add these two grounds for vacatur |
| in the statute. A motion to include the ground of "manifest |
| disregard" in Section 23(a) was defeated by the Committee of |
| the Whole at the July, 2000, meeting of the National |
| Conference of Commissioners on Uniform State Laws. |