| 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. |