Michael Wolgin on American Arbitration Association

Texas Supreme Court Remands Case in Light of Recent Ruling That Arbitrator Must Determine Arbitrability for AAA Arbitration...

In a lawsuit brought by a car dealership (Lone Star) against a car auction company (Alliance), the latter moved to compel arbitration as a third-party beneficiary of an agreement between Lone Star and a separate company that...more

9/28/2023 / American Arbitration Association , Arbitration , Arbitration Agreements , Arbitrators , Motor Vehicles , TX Supreme Court

Court Confirms Arbitration Award Against Non-Signatory Intervening Party in Arbitration

Paychex Inc. had entered into an agreement to provide a company, Dan-Gulf Shipping Inc., with payroll-related services. The agreement contained an arbitration clause governed by the rules of the American Arbitration...more

9/5/2023 / American Arbitration Association , Arbitration , Arbitration Agreements , Arbitration Awards , Business Litigation , Contract Disputes , Goods or Services , Non-Signatories , Payroll Companies , Service Contracts

Eleventh Circuit Affirms Denial of Imax Corp.’s Petition to Vacate Arbitration Tribunal Rulings That Included Awards of Nearly $1...

The arbitration awards involved several agreements for the sale, lease, and maintenance of Imax theater systems in South and Central America and the Caribbean. The arbitral tribunal issued a partial final award, and then...more

6/26/2020 / American Arbitration Association , Convention on the Recognition and Enforcement of Foreign Arbitral Awards , Enforcement of Foreign Judgments , Federal Arbitration Act , Foreign Arbitral Awards , International Arbitration , Vacatur

After Reviewing the Arbitration Record, Court Enters Default Judgment Confirming Default Arbitration Award

Plaintiff Choice Hotels International Inc. filed an application to confirm arbitration award and a motion for default judgment against a fanchisee company and its owner in connection with an arbitration initiated before the...more

9/4/2019 / American Arbitration Association , Arbitration , Arbitration Agreements , Arbitration Awards , Breach of Contract , Default Judgment , Federal Arbitration Act , Franchise Agreements , Hospitality Industry , Hotels , Royalties

Court Compels Arbitration To Determine The Arbitrability Of Reinsurance Dispute With Captive Insurance Company

In a suit by an auto body company against a captive insurance company for rescission of certain workers compensation reinsurance participation agreements, for disgorgement of $70,000 paid thereunder, and for fraud, breach of...more

10/18/2016 / American Arbitration Association , Arbitration , Arbitration Agreements , Auto Body Shop , Breach of Contract , Captive Insurance Company , Disgorgement , Fraud , Insurance Industry , Mandatory Arbitration Clauses , Motion to Compel , Participation Agreements , Reinsurance , Rescission , Unfair or Deceptive Trade Practices , Workers' Compensation Claim

Ninth Circuit Directs Court To Vacate Ruling That Disqualified Arbitrator In The Midst Of An Ongoing Arbitration

The dispute at issue in this case involved claims of fraud in the sale of condominium units asserted by unit purchasers against the condominium developer. Arbitration under the AAA was underway between the parties, when it...more

6/1/2015 / American Arbitration Association , Appeals , Arbitration , Clear Error Standard , Condominiums , Fraud , Housing Developers

Incorporation Of AAA Rules “Clearly And Unmistakably” Delegates Questions Of Arbitrability To Arbitrator

In a putative class action for denial of employment benefits brought by security contractors against their hiring firm, Blackwater Security Consulting, the court found that the governing agreements delegated the issue of...more

5/13/2015 / American Arbitration Association , Arbitration Agreements , AT&T Mobility v Concepcion , Blackwater , Contract Terms , Employee Benefits , Federal Arbitration Act , Federal Contractors , Putative Class Actions

Fifth Circuit Affirms Vacatur Of Arbitration Award Where Arbitrator Failed To Follow Provisions Governing Selection Of Arbitrator...

Organizational Strategies Inc. (OSI) had entered into an agreement with Capstone Associated Services Ltd. for the latter to form three captive insurance companies for OSI. Included in the contract was an arbitration clause...more

4/21/2015 / American Arbitration Association , Arbitration , Arbitration Awards , Captive Insurance Company , Chamber of Commerce , Contract Disputes

Michael Wolgin

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