Arbitration Awards

News & Analysis as of

Arbitration Award Confirmed In Quota Share Reinsurance Dispute

An arbitration award to Petitioner, Employers Insurance of Wausau A Mural Company (“Wausau”), has been confirmed after Respondents withdrew their prior objections. The dispute arose over payment obligations stemming from a...more

First Circuit Reinstates Arbitral Award Despite Arbitration Panel’s Potentially Erroneous Conclusions

The First Circuit Court of Appeals recently reversed the district court’s vacatur ruling and remanded the matter for entry of an order confirming an arbitration award. While the First Circuit found that several of the...more

Fifth Circuit Affirms Vacatur Of Arbitration Award Where Arbitrator Failed To Follow Provisions Governing Selection Of Arbitrator...

Organizational Strategies Inc. (OSI) had entered into an agreement with Capstone Associated Services Ltd. for the latter to form three captive insurance companies for OSI. Included in the contract was an arbitration clause...more

Federal Employment Case Update | Pizza and Beer

Members of Certified Class Lack Standing to Challenge Class Arbitration Ban - Conners v. Gusano’s Chicago Style Pizzeria - United States Court of Appeals, Eighth Circuit - When Jacqueline Conners brought a class...more

Court Addresses Honorable Engagement Provision In Arbitration Clause

In First State Insurance Company v. National Cas. Co., 2015 WL 1263147, No. 14-1644 (1st Cir. March 20, 2015), the U.S. Court of Appeals for the 1st Circuit (the “Court of Appeals”) affirmed the lower court’s refusal to...more

5th Circuit Vacates Arbitration Award Conducted By Wrong Arbitrator Under Wrong Rules

Let’s say your arbitration agreement calls for arbitration administered by JAMS under JAMS rules, but the arbitrator is independent and applies AAA rules, over one party’s objection.  A new decision from the Fifth Circuit...more

Court Directs Cedents To Indicate Whether They Will Continue To Argue Against The Finality Of An Arbiration Award To Preclude Its...

In a pending dispute in the Southern District of New York arising from a quota share contract of reinsurance between Employers Insurance of Wausau, as reinsurer, and Nutmeg Insurance and Twin City Fire, as cedents, Nutmeg and...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

Federal Court Case Update | Filings and Firings

Following is the start of a new series on the JAMS ADR Blog, featuring short synopses of recent case rulings related to arbitration or ADR. We’re excited to share this information as we know this is an area that will be of...more

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity

The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the earliest opportunity, denying parties the right to raise those objections in a subsequent challenge to the...more

DIFC gains momentum towards implementation of a mechanism to permit conversion of DIFC court judgments into arbitral awards

The Dubai International Financial Centre (DIFC) is a separate and distinct jurisdiction established within the UAE in 2004 as a financial free zone, in which the civil and commercial laws of the UAE are disapplied. The DIFC...more

Arbitration Roundup

Emilio v. Sprint Spectrum L.P., Case No. 14-732-cv (2d Cir. Nov. 12, 2014) (affirming denial of motion to vacate award; district court did not err by finding that arbitrator did not exceed powers nor manifestly disregard law...more

Hong Kong court - enforcing a maritime arbitration award by arresting a ship

The arrest of a ship to obtain security for a maritime claim in jurisdictions where this is permitted is a powerful weapon in the armory of a claimant in shipping disputes. There has, however, been a concern that a claimant...more

Court Affirms Reinsurance Arbitration Award But Directs Further Briefing On The Issue Of Sealing Documents

A federal district court in New York confirmed an arbitration panel’s final award, but directed the parties to brief the issue of whether the continued sealing of supporting documents, filed in connection with the petition to...more

NJ Supreme Court Issues Companion Decisions That Impact Insurers’ Handling of UM/UIM Matters and Address New Jersey’s “Fairly...

On February 18, 2015, the New Jersey Supreme Court issued companion decisions – Badiali v. New Jersey Manufacturers Insurance Group and Wadeer v. New Jersey Manufacturers Insurance Group – that impact insurers’ handling of...more

Dispute Resolution in the Middle East - A Year in Perspective

2014 proved to be yet another transformative one for dispute resolution in the Middle East, as key business centres across the region made further, convincing strides towards cementing their reputation as robust jurisdictions...more

Why The Arbitration Award Against Adrian Peterson Was Vacated

A federal judge in Minnesota today vacated the arbitration award that confirmed the NFL’s discipline of Adrian Peterson.  You can read the decision here.  The judge found two separate bases for vacating the award: 1) the...more

Do We Need a New York Convention for Mediation/Conciliation?

The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United...more

Lessons From Lance Armstrong About the Finality of Arbitration Awards

On February 4, an arbitration panel ordered Lance Armstrong to pay $10 million to his former promotions company, SCA, as a result of his “unparalleled pageant of international perjury, fraud and conspiracy” that covered up...more

Eleventh Circuit Affirms Arbitration Dismissal in Favor of Investor’s Estate in Clawback Suit

The receiver of hedge funds that were part of a $168 million Ponzi scheme was unable to vacate an arbitration award denying clawback claims brought against an investor’s estate. The US Court of Appeals of the Eleventh Circuit...more

GLOBAL: Lance Armstrong to pay US$10 million to SCA Promotions

On 4 February 2015, an arbitration panel (in a 2-1 decision) ordered Lance Armstrong to pay US$10 million to SCA Promotions (SCA), a sports insurance company, for US$12 million worth of bonuses received for his seven Tour de...more

Fifth Circuit Un-Vacates Arbitration Award, Offering Guidance to District Courts

“When an arbitration goes an opponent’s way on the basis of questionable contract interpretation, parties often seek refuge in [Section] 10(a)(4).  But the Supreme Court has made clear that district courts’ review of...more

Second Circuit Refuses To Employ The All Writs Act To Enjoin A Second Arbitration Of The Same Claims

The Second Circuit recently affirmed a district court’s refusal to enjoin an arbitration proceeding under the All Writs Act. The parties to the dispute had been involved in a prior arbitration that resulted in an award...more

Prognosis Negative: You’re Not Immune to Company Policy Under California Leave Law

In Richey v. Autonation, Inc., issued January 29, 2015, the California Supreme Court reinstated an arbitration award against the plaintiff and confirmed that employers retain the right to terminate employees who violate...more

Recent Cases Are Likely to Reduce the Use of New York Courts for 'Turnover' Actions"

New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement...more

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