Arbitration Awards

News & Analysis as of

Sixth Circuit Refuses To Permit Judicial Review Prior To Conclusion Of Reinsurance Arbitration Proceeding

The Sixth Circuit recently reversed a district court’s decision to stay arbitration proceedings in a dispute concerning allegations of overbilling on a reinsurance program. The arbitration clause from the treaty established a...more

Court Sanctions Party For Improper Removal Of Action Seeking Confirmation Of Arbitration Award

The facts in Jackson v. Sleek Audio, LLC, et. al., Case No. 13-80725-CIV-Marra (S.D. Fla. March 17, 2014) stemmed from an arbitrators award against Curtis Jackson (“Jackson”) in his action against former business associates,...more

U.S. Supreme Court Decision Reinstates $185 Million Arbitral Award - Placing New Focus on Clear Prerequisites to Arbitration in...

In an opinion issued in BG Group PLC v. Republic of Argentina, 134 S. Ct. 1198 (2014), the United States Supreme Court found that a prerequisite to arbitration was a procedural issue to be decided by the arbitration panel and...more

Appealing an Arbitration Award: Early Planning and Agreement Are Key

One of the fundamental tenets of arbitration is finality. Parties who choose arbitration over litigation typically want assurance that when an award has been issued, the matter is concluded. As a result, the Federal...more

Can lawyers contractually agree to preclude a court from reviewing an arbitration award?

In Burton v. Class Counsel, 2013 DJDAR 16253 (2013), the Ninth Circuit Court of Appeal decided a unique case under the Federal Arbitration Act (FAA). The court decided the issue of whether lawyers can contractually agree to...more

Only Arbitrator, Not Federal Court, Can Determine Preclusive Effect Of Confirmed Arbitration Award

In a case of first impression in the First Circuit, Employers Insurance Company of Wausau and National Casualty Company (“Wausau”), two of three reinsurers under identical agreements with OneBeacon American Insurance Co....more

Supreme Court Upholds Arbitration Award in Favor of British Natural Gas Investor in Argentina

On March 5, 2014, the United States Supreme Court upheld a $185 million arbitration award obtained by the United Kingdom's BG Group PLC against the Republic of Argentina, pursuant to a bilateral investment treaty. The Court...more

U.S. Supreme Court Reinstates $185 Million International Arbitration Award - Court Reaffirms Arbitral Preconditions Presumptively...

In a much anticipated opinion, on March 5, 2014, the U.S. Supreme Court decided 7-2 to reverse the lower court and revive a $185 million arbitration award in BG Group PLC v. Republic of Argentina. The case began under the...more

Parties may not contractually waive judicial review of arbitral awards

Introduction - In a recent award enforcement decision, the US Court of Appeals for the Ninth Circuit ruled that parties cannot contractually eliminate judicial review of arbitral awards under the US Federal Arbitration...more

Is Deferral to Labor Arbitration Awards in Jeopardy?

The National Labor Relations Board has issued a press release announcing its intention to revisit precedent created under a pair of Board decisions nearly 59 and 30 years old, respectively. The precedent involves under what...more

AAA Issues Optional Appellate Arbitration Rules

In November 2013 the American Arbitration Association (AAA) issued its new Optional Appellate Arbitration Rules, which afford parties the ability to appeal arbitral awards to specialised appellate tribunals. The appellate...more

Why A-Rod Faces Long Odds in His Attempt to Overturn the Grievance Arbitration Award

On Saturday January 11, 2014, arbitrator Frank Horowitz reduced Alex Rodriguez’s suspension from 211 games to 162 games (plus any 2014 post-season games) for his use of performance enhancing drugs (“PEDs”) and obstruction of...more

What A-Rod Can Teach About A-rbitration

Arbitration is in the news. Not just a buried paragraph in the business section, but the front page. (A three-arbitrator panel issued a 34-page arbitration award finding Major League Baseball was justified in suspending...more

BVI passes new Arbitration Act

On 17 December 2013 the British Virgin Islands House of Assembly had the third and final reading of the new Arbitration Act 2013. The new Act will come into force on a date to be announced. The following analysis is based on...more

Seven Things You Should Know About Arbitration Clauses

Arbitration clauses are routinely added to commercial contracts, but often with very little reflection on the many strategic and tactical issues that should be considered. Further, there is a great deal of misunderstanding of...more

Ninth Circuit Says Arbitration Agreements Cannot Restrict Grounds For Vacating Award

In the Hall Street decision in 2008, SCOTUS held that parties could not contractually enlarge Section 10 of the Federal Arbitration Act by agreeing that a court could vacate the arbitration award for reasons not found in that...more

Non-appealability clauses eliminating all federal court review of arbitration awards held unenforceable

I generally advise most clients under most circumstances to avoid arbitration clauses. Over the long run, they do not deliver on the promise of streamlined, cost effective litigation....more

New Option to Appeal Arbitration Awards Within The Arbitration Process

Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the...more

‘Can pay, won’t pay’ – in the first reasoned judgment of its kind, the English Court of Appeal has imposed conditions on a...

Gloster LJ has ordered that the appellants, the losing parties in two London seated LCIA arbitrations, pay into court the full amount of awards now worth over US$325 million as a condition of proceeding with their appeal...more

American Arbitration Association Adopts Optional Appellate Arbitration Rules

The American Arbitration Association (AAA) has adopted a new set of Optional Appellate Arbitration Rules (the “Appellate Rules”) that became effective on November 1, 2013. Under the Appellate Rules, parties may agree, either...more

AAA Adopts Optional Appellate Arbitration Process

The American Arbitration Association (AAA) has released new rules establishing an optional appeals process for parties involved in arbitration. Effective November 1, 2013, the Optional Appellate Arbitration Rules (Rules)...more

“Manifest Disregard Of The Law” Is Alive And Well And Vacating Arbitrations In Fourth Circuit

The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four...more

Fourth Circuit Court of Appeals Takes Rare Step of Vacating Arbitrator’s Award, Saving Employer $400,000

A divided panel of the United States Court of Appeals for the Fourth Circuit took the unusual step of reversing an arbitrator’s award in favor of an ex-employee, finding that the arbitrator’s award was in “manifest disregard”...more

FINRA Expungements: PIABA’s Press Release Recalls Mark Twain On Statistics

PIABA – the securities-investor plaintiff’s bar – issued an October 16 press release roundly criticizing industry self-regulatory rules allowing a broker to seek expungement of a customer-claim from her permanent record....more

Two Circuit Courts Demonstrate How Difficult It Is To Vacate Arbitration Awards

The Second Circuit decision has more drama, so I’ll start there. In Kolel Beth Yechiel Mechil of Tartik-Ov, Inc. v. YLL Irrevocable Trust, __ F.3d __, 2013 WL 4609100 (2d Cir. Aug. 30, 2013), the losing party in an...more

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