Arbitration Awards

The Supreme Arbitrazh Court Clarifies Russian Public Policy

by Francesca Albert, Dmitry Kurochkin | Dechert LLP on 5/23/2013

The Presidium of the Supreme Arbitrazh Court (“SAC”) recently published Information Letter No. 156 approving the Review of the Arbitrazh Courts’ Practice of Considering Cases Concerning the Application of Public Policy as a...more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

by JAMS, The Resolution Experts on 5/15/2013

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more

Enforcing US Arbitral Awards in Ontario

by Jason Squire | Lerners LLP on 5/1/2013

Every common law province except Ontario has passed legislation implementing the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Ontario instead adopted the United Nations’ Model Law on...more

Russian Federation Supreme Commercial Court’s Review of the Application by the Russian Courts of the Public Policy Defense

by Pavel Boulatov, Grigory Chernyshov, Julia Zagonek | White & Case LLP on 5/1/2013

This alert analyzes the legal positions taken by the Presidium of the Russian Federation Supreme Commercial Court (“SCC”) in its recently published review of commercial court practice in cases concerning the application of...more

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/26/2013

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 4/22/2013

A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised...more

The Kinkade Case, Or How Not to Conduct an Arbitration

by JAMS, The Resolution Experts on 4/17/2013

While all arbitrators aim for the highest level of quality control, errors occur. Sometimes these errors are pretty egregious, which is why we always recommend using a trusted and well-respected ADR provider and arbitrator....more

Sixth Circuit Paints Vivid Picture Of “Evident Partiality” Sufficient To Vacate Arbitration Award

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/5/2013

One of the very few ways to show evident partiality by an arbitrator is to show the arbitrator had financial ties to a party or witness in the proceeding, another is to show the arbitrator prejudiced a party by reversing a...more

Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk Of Sanctions”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/20/2013

In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Arbitration

by Patton Boggs LLP on 3/18/2013

Federal courts almost uniformly confirmed reinsurance arbitration awards in 2012, continuing the trend of deference to arbitral decisions. Where the motion courts granted motions to vacate, the appellate courts often reversed...more

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

by Kendra Berner | Franczek Radelet P.C. on 3/6/2013

In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more

UK-UAE Trade and Investment Promoted by Memorandum between English Commercial Court and Dubai’s DIFC Court

by Lynsey Gregory, Timothy Lindsay, Christian Tuddenham | Dechert LLP on 2/22/2013

The Commercial Court of England and Wales and the Dubai International Financial Centre Courts (DIFC Courts) signed a Memorandum of Guidance (MoG) on 23 January 2013 concerning the enforcement of judgments between the two...more

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

by David J. McMahon | Barger & Wolen on 2/14/2013

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

by Edward McCreery III | Pullman & Comley, LLC on 2/14/2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Arbitrational Trends -- Winter 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/5/2013

In This Issue: The International Front: Understanding the Unique Features of International Arbitration; The Domestic Front: The Future of Class Arbitration in the United States; and Arbitral Perspectives: An Interview...more

Construction OberView: Ober|Kaler Obtains Confirmation of Significant Arbitration Award for Condo Unit Owner’s Claim

by Jackson Boyd | Ober|Kaler on 2/5/2013

Ober|Kaler Construction Group principal Raymond D. Burke and associates Matthew T. Vocci and Jackson B. Boyd secured judicial confirmation last year in the Circuit Court for Baltimore City of a significant arbitration award...more

Fifth Circuit Holds that Personal Jurisdiction is Required in New York Convention Recognition Proceedings

by King & Spalding on 1/3/2013

On December 21, 2012, the U.S. Court of Appeals for the Fifth Circuit issued its decision in First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd., in which that court addressed, for the...more

Michigan Passes Revised Uniform Arbitration Act

by Richard Hooker | Varnum LLP on 1/2/2013

Michigan's "bare bones" arbitration laws have been given more definition by legislation passed in the recent lame duck legislative session. The new statute, effective July 1, 2013 deals with virtually the full spectrum of...more

Patton Boggs Reinsurance Newsletter - December 2012: New York Federal Court Confirms Arbitration Awards for Cedent

by Patton Boggs LLP on 12/13/2012

A New York federal court granted a cedent’s petition under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to confirm multiple arbitration awards in its favor, denied cross-petition to vacate the...more

Receivers in Arbitration Proceedings

by Peter Davidson | Ervin Cohen & Jessup LLP on 9/5/2012

QUESTION: My client is involved in a partnership dispute. The partnership agreement provides all disputes are to be resolved by binding arbitration. I may want to have a receiver appointed to operate the partnership property...more

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