Arbitration Awards

News & Analysis as of

Second Circuit Finds Arbitrator Did Not Exceed Authority By Issuing Award, Contrary To Earlier Award

This appeal is from a judgment entered by a district court in New York, denying a petition of United Brotherhood of Carpenters and Joiners of America (“UBC”) to enforce a May 4, 2014 arbitration award (“May 4 Award”) and to...more

New York's Appellate Division Reverses Collateral Estoppel Ruling Against Payment Bond Sureties in Suit to Enforce Arbitration...

A recent decision by the First Department of the Supreme Court, Appellate Division, addresses the preclusive effect of arbitration awards in subsequent judgment enforcement suits against payment bond sureties. In Five Star...more

Second Circuit Summarily Affirms Denial Of Petition To Vacate Arbitration Award Based On Partiality Claim

Late last month, the Second Circuit Court of Appeals summarily affirmed denial of a petition to vacate an arbitration award where a party was arguing that the arbitrator was biased. The case involved a dispute between an...more

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman...more

What Are Your Options When You Think That Your Arbitrator Has Gone Out Of Control?

You don't have many options when you think that the arbitrator who you agreed to hear your case has delivered a plainly wrong arbitration award. In fact, you probably have none at all. The Defendants in the NC Business...more

Final Means Final: No Reconsideration in Arbitration

Recent decisions from the 3d and 11th Circuits drive home this point: an arbitration award is final and should not be revisited. In Robinson v. Littlefield, 2015 WL 5520017 (3d Cir. Sept. 17, 2015), the parties...more

Publication of the 3rd edition of the SCMA Rules

In October 2015 the Singapore Chamber of Maritime Arbitration (SCMA) published the third edition of its arbitration rules. Notable revisions include wider powers for the tribunal to require security for costs, increased...more

Texas Court Affirms Arbitration Award In Law Firm Fee Row

A Texas district court denied Curtis International, Ltd.’s (“Curtis”) counter-motion to vacate an arbitration award in a row over attorney and expert witness fees and expenses. Curtis, a manufacturer and distributor of...more

Establishing the Application of The Foreign Sovereign Immunities Act’s Arbitration Exception

On October 7, 2015, the United States Court of Appeals for the District of Columbia Circuit issued the mandate on its opinion affirming the judgment of the United States District Court for the District of Columbia confirming...more

India Overhauls Its Arbitration Regime

Sweeping changes have been made to India's arbitration legislation, the Arbitration and Conciliation Act, 1996 (the "1996 Act"). These changes have been made through an executive ordinance and came into effect on 23 October...more

Federal Arbitration Case Update | The Powers that Be

Following are two interesting and recent federal court rulings related to arbitration. Arbitrator Has Authority to Rule on Whether He Can Change His Mind - United Brotherhood of Carpenters and Joiners v. Tappan Zee...more

Dispute Resolution Options in Asia – Expanding the Menu: Arbitration, Mediation and Singapore’s New International Commercial Court

In the past five years, the international dispute resolution landscape in Asia has evolved at a rapid pace. Singapore and Hong Kong have emerged as leading global centres for dispute resolution, and have been at the forefront...more

Are English arbitration awards ‘final, conclusive and binding’? – revisiting the right to challenge arbitration awards in English...

Recent debate on the right to appeal - Under limited circumstances, a party to an English arbitration award who is dissatisfied with the result can challenge that award in the courts. There are concerns that the current...more

Federal Circuit Court Upholds Enforcement Of Foreign Arbitration Award

The U.S. Court of Appeals for the Eighth Circuit upheld a federal district court’s enforcement of an arbitration award after finding that the Appellant’s claims were precluded by foreign proceedings. American Hearing Systems,...more

Guangdong DOJ Wades Into the Fray by Demanding That CIETAC Cease “Illegal Arbitration Activities” in Guangdong

On July 15, 2015, the PRC Supreme People’s Court (SPC) issued an interpretation clarifying various jurisdictional issues arising from the mid-2012 decision of the former South China and Shanghai Sub-Commissions of the China...more

Recent New York Decisions Bolster Right to Broad Discovery in Aid of Judgments

New York is a key venue for the enforcement of judgments and arbitral awards, and two recent decisions concerning post-judgment discovery demonstrate that while courts will apply their execution and garnishment authority with...more

The Appropriate Punishment for Actual and Perceived Threats in the Workplace-Take Two; the Appellate Court (Sensibly) Speaks

Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially issued on October...more

Federal Court Allows Sealing Of A Petition Seeking Confirmation Of Arbitral Award

On August 14, 2015, a federal district court in New York entered an order allowing a petition to confirm an arbitration award to be filed in redacted form with the arbitration award to be filed under seal. The case is pending...more

An Introductory Guide to Arbitration in Asia

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

Third Circuit Adopts Constructive Knowledge Standard To Reverse Vacatur Of Award

The Third Circuit reversed an order vacating an arbitration award after concluding that the plaintiff had waived its right of waiver. In the decision, the Third Circuit joined the First, Second, Eighth, and Ninth Circuits in...more

The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over...more

Sixth Circuit Reverses Vacatur Of Award Stressing Limited Scope Of Permissible Judicial Review

The district court had vacated an arbitration award that had reinstated a terminated hospital employee under a collective bargaining agreement. The district court based its ruling on its interpretation of the CBA, which it...more

Third Circuit Applies Constructive Knowledge Standard And Finds Waiver Of Arbitration Panel Challenge

The U.S. Court of Appeals for the Third Circuit has found that post-award objections to an arbitrator were waived because the party had constructive knowledge of the arbitrator’s insufficient disclosure. The court held that a...more

No Distinction to be Made Between Foreign Commercial and Administrative Law Awards for Exequatur in France

France has had a dual jurisdictional system since the 19th century. On the one hand, the administrative courts have jurisdiction to hear most disputes which involve public entities and, on the other hand, the judicial courts...more

US: Courts' Deference to an Arbitration Award is not Without Limits

As a matter of public policy, United States courts strongly favor alternative dispute resolution and show great deference to awards made by arbitration tribunals. However, a recent ruling by the US District Court for the...more

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