Arbitration Awards

News & Analysis as of

Ex-Parte Communications in Violation of Arbitration Agreement Void Arbitration Award

In 1964 the Four Seasons released a song called ‘Silence is Golden.’ More than 50 years later, that may still be a good rule to follow in arbitrations. The United States Court of Appeals for the Sixth Circuit recently...more

Klesla et al. v. Wittenberg

Court did not abuse its discretion in denying a motion to confirm arbitration award that asked for more than was awarded. Kleslas sued for (1) the return of their residential lease security deposit, (2) statutory...more

The importance of the arbitration notice: make sure it is sent to the right person

Sino Channel Asia Ltd v. Dana Shipping and Trading Pte Singapore and Another [2016] EWHC 1118 (Comm) - A recent English High Court decision serves as a reminder of the importance of taking great care in relation to...more

Second Circuit Upholds Confirmation Of Mexican Arbitration Award And Denial Of Comity To A Contrary Mexican Judgment

On December 12, 2013, we reported on a United States District Court’s confirmation of a roughly $400 million Mexican arbitration award entered against an oil company affiliated with the Mexican government, notwithstanding...more

Federal Court Finds Arbitrator Had Authority To Determine It Had Jurisdiction Over Corporation’s Principals And Non-Signatories...

New World Solutions, Inc. (“NWS”) and Asta Funding Inc. (“Asta”) entered into an agreement which contained an arbitration clause. After a dispute arose and the parties undertook arbitration, the arbitrator entered an award...more

The Validity of Arbitration Clauses in Concession Agreements

This alert provides an overview of the recent position of Russian courts in relation to validity of the arbitration clause in the concession agreement. In particular, the Commercial Court of the North-West Circuit in its...more

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

Fifth Circuit Rejects Misbehavior Challenge To Arbitration Award

Foundation Surgery Affiliate of Southwest Houston, LLC (“Southwest”), the owner of a surgical and imaging facility in Houston, entered into a purchase and sale agreement in 2008 with Rainier Capital Acquisitions, LP, which...more

Arbitration Article Series V: Challenging an Arbitration

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not...more

State Immunity and Enforcement Against State Property in England

Enforcing an arbitration award or a judgment against a sovereign state is not always easy. The case of Avionics Technologies Ltd v The Federal Republic of Nigeria and another addressed the novel issue of whether it is...more

Can You Reverse an Uninsured Motorist Arbitration Award?

Woodland Hills personal injury lawyer Barry P. Goldberg is an expert on all things Uninsured and Underinsured, including UM/UIM Arbitrations. While UM/UIM arbitrations provide a relatively inexpensive and prompt result, many...more

Arbitration Article Series IV. Enforcing Arbitration Awards

Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the...more

Argentina: From International Market Isolation to Promising Opportunities for Investors

Argentina is keen to attract foreign investment. Not only has it recently implemented a series of economic measures, but it has also made changes to its legal framework including the enactment of a new arbitration regulation,...more

Federal Courts Teach Arbitration 101 In Recent Opinions

While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics. In recent weeks, federal appellate courts have reminded parties who...more

Panel Did Not Commit Manifest Disregard Of The Law When It Rejected Res Judicata Defense

A construction company appealed an order confirming an international arbitration award, which had denied the company’s demand for unpaid monies against an Antiguan medical school. The award also granted the medical school’s...more

Focus on Middle East Arbitration: Arbitral Awards

Recent court decisions highlight a few of the challenges parties may face in relation to the enforcement of arbitral awards in the onshore UAE courts. A summary of those decisions is set out in this article. ...more

Avoiding Defective Service in Arbitration

A recent High Court decision provides a timely reminder that parties to an arbitration agreement must take care to ensure that arbitration proceedings are properly served to avoid an award being set aside or refused...more

Arbitration Article Series I: Rise of Arbitration

The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an...more

Arbitration award on tribal igaming with non-US players

An arbitration award by a sole arbitrator recently approved a submission by the State of Oklahoma and the Iowa Tribe of Oklahoma as to the legality of internet gaming in which the server is located on Indian lands in Oklahoma...more

D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds. The Appeals Court revived the case, finding the...more

International Arbitration Newsletter - July 2016

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

"Key Takeaways: Foreign Governments, US Courts and International Arbitration"

On June 23, 2016, Skadden hosted a webinar titled “Foreign Governments, U.S. Courts and International Arbitration.” Topics of discussion included the settlement of the Argentine sovereign debt litigation, enforcement of...more

Supreme Court Upholds Finality of Arbitral Awards

A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the...more

EU Court Rules That Royalties for Unpatented Technology Are Not Necessarily Anticompetitive

On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as precluding effect being...more

Three Blockbuster Summer Arbitration Decisions

While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in...more

327 Results
|
View per page
Page: of 14
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×