Arbitration Awards

News & Analysis as of

Securities Industry Employment Arbitration

In the securities industry, the majority of all employment disputes are resolved through binding arbitration. This mandatory arbitration system is managed through a unique industry forum under the self-regulatory entity...more

9th Circuit Narrows Grounds For Vacating Labor Arbitration Awards

Finding that some of its previous pronouncements were leading district court judges astray, the Ninth Circuit clarified its precedent regarding the scope of review of labor arbitration awards. “We conclude that it is time for...more

Manifest Disregard for the Law is Not a Ground for Vacating TAA Arbitration Awards

Last Friday, the Texas Supreme Court, in Hoskins v. Hoskins, No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016), ruled that an arbitration award may not be vacated under the Texas Arbitration Act (“TAA”) on grounds other than...more

Blog: Commercial Court Considers Extension Of Time To Challenge Arbitral Award

In S v (1) A (2) B [2016] EWHC 846 (Comm), Mr Justice Eder refused to grant an extension of time under the Arbitration Act 1996 (the “Act”) s.80(5) to challenge an arbitral award, following the applicant’s 74-day delay in...more

Texas Supreme Court Holds Texas Arbitration Act’s Enumerated Vacatur Grounds Are Exclusive

The U.S. Supreme Court in Hall Street Associates, L.L.C. v. Mattel, Inc. held that Sections 10 and 11 of the Federal Arbitration Act (FAA) provide the exclusive regimes for review of arbitration awards and that these regimes...more

Ground-breaking referral: Are arbitration clauses in BITs between EU Member States void?

In recent years, the number and economic relevance of bilateral investment treaties (“BITs”) has significantly increased. BITs are international treaties which provide for assurances in favour of investors from the...more

Third Time’s The Charm: Eastern District Of Michigan Remands Arbitration Award For Failing To Allow Party To Present Evidence

On motion to vacate an arbitration award, a Michigan federal court held that the award lacked fundamental fairness and remanded to the same arbitrator with instructions to allow Plaintiffs their “opportunity to present...more

Bribery and Corruption in International Arbitration

Corruption in international business is becoming endemic. Transparency International's latest Global Corruption Report highlights that nearly two in five business executives say they have been asked to pay a bribe when...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D....more

FINRA Proposes Arbitration Rule Change to Permit Offset of Awards

Last week, FINRA sought approval from the SEC for a proposed change to the FINRA arbitration rules, under which monetary awards requiring the parties to pay each other damages would be offset, so the party owing the larger...more

Brady's Benching Gives Lesson in Court Review of Arbitration Decisions

Earlier this week, Bills and Jets fans (and at least one Packer fan) rejoiced as the Second Circuit Court of Appeals reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady based on a finding...more

Hague Court Finds Arbitration Panel Has No Jurisdiction Against Russia Pursuant to Unratified Treaty

The District Court of the Hague overturned a record $50 billion in damages awards issued by the Permanent Court of Arbitration (“PCA”), to the former controlling shareholders of the Yukos Oil Company on the grounds that...more

Court Confirms Arbitration Award Relating To Three Arbitration Agreements And Orders Certain Documents Unsealed

The court confirmed a final arbitration award in favor of the Petitioner, Employers Insurance Company of Wausau (“Wausau”), pursuant to Section 9 of the Federal Arbitration Action (FAA). Wausau and Ace Property and Casualty...more

Shelltime 4 – who bears risk of arrest?

In ST Shipping & Transport Pte Ltd -v- Space Shipping Ltd (“CV STEALTH”), the Commercial Court (“the Court”) heard an application arising out of an Arbitrator’s Award in respect of a dispute under a charterparty on an amended...more

An appeal on the merits unmasked - High Court dismisses application to set aside arbitral award - A case study of Mount Eastern...

The Singapore High Court’s recent decision in Mount Eastern Holdings Resources Co., Limited v H&C S Holdings Pte Ltd and another matter [2016] SGHC 01 demonstrates that the court takes great care not to overstep its...more

Fifth Circuit: Diversity Jurisdiction Determined By Amount Sought In Arbitration, Not Amount Of Award

In a recent interlocutory appeal of a matter involving an arbitration of a claim for $80 million, but in which only $10,000 was awarded, the Fifth Circuit held that the amount in controversy for purposes of establishing...more

Legal Lessons from Tom Brady

The state of Massachusetts collectively groaned last week as the Second Circuit Court of Appeals reinstated quarterback Tom Brady’s four-game suspension for his role in the “Deflate-Gate” saga. A brief recap of this strange...more

What Tom Brady, Underinflated Footballs, and “Deflategate” Teach Employers About Arbitration

Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.” In the 1970s, for example, legendary Oakland...more

Federal Court Remands Albanian Power Company’s Suit

In March, a New York federal court remanded an Albanian power company’s suit seeking enforcement of an Albanian court’s judgment. In Albaniabeg Ambient Sh.p.k. v. Enel S.P.A., the federal court reasoned that, although the...more

Unvacating Arbitration Awards: Quarterbacks and Car Accidents

The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be...more

Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more

Should an arbitrator sign on all pages of the arbitration award?

Legal Rule - Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on...more

English Law Update: IBA Guidelines on Conflicts of Interest Criticised by English High Court in W Limited v M Sdn Bhd

The International Bar Association Guidelines on Conflicts of Interest in International Arbitration (the “IBA Guidelines”), first published in 2004 and subsequently updated in 2014, has been widely used as a best practice...more

Fifth Circuit Finds Federal Jurisdiction Over $10,000 Arbitration Award

The Fifth Circuit recently addressed a hard question: what should the court consider when determining the amount in controversy for purposes of federal jurisdiction over an arbitration award? The court decided to rely on the...more

Federal Courts Lack Jurisdiction Over Enforcement Of Foreign Judgments, Even Where Judgment Is Inconsistent With Earlier...

Plaintiff Albaniabeg, power plant operator, sought enforcement of an Albanian judgment in a New York state court against defendant Italian power companies. Section 205 of the FAA permits removal of an action that relates to...more

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