§ 208 provides that “Chapter 1 applies to actions and proceedings brought under this chapter to the extent that that chapter is not in conflict with this chapter or the Convention as ratified by the United States.” The plain meaning of the statute is clear: a court may look to Chapter 1 of the FAA in determining whether to confirm an arbitral award so long as it does not conflict with the Convention and its implementing legislation, 9 U.S.C. §§ 201- 208. While not explicitly on point with this issue, the court in Industrial Risk Insurers held that grounds not enumerated in the Convention do not provide valid cause to vacate an award; namely, that an award cannot be vacated under the Convention on the ground that it is “arbitrary and capricious.” Indus. Risk Ins., 141 F.3d at 1443 (<HOLDING>). The court found that because the Convention
holding that a transcript is necessary if the asserted grounds for vacatur of arbitration award are grounded in the conduct of the proceeding holding that hall street restricts the grounds for vacatur to those set forth in section 10 of the faa holding that common law grounds such as manifest disregard of law and gross mistake were not valid grounds for vacatur of arbitration award as hall street forecloses any common law grounds for vacatur holding that the statutory grounds for vacatur and modification of arbitration awards may not be supplemented by contract holding that arbitrary and capricious ground for vacatur recognized along with the four grounds for vacatur specified in chapter 1 of the faa could not be used to vacate award under the convention