Arbitration Awards

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New Survey Dispels Common Myths About Arbitration

Did you know that 87% of experienced arbitrators report *always* trying to follow applicable law in rendering an award? That will come as a surprise to many critics who like to complain that arbitrators do not adhere to...more

Court Denies Petition For Order Confirming Final Arbitration Award And Entry Of Judgment

In First State Ins. Co. v. Nationwide Mutual Ins. Co., No. 13-cv-11322-IT (U.S.D.C. D. Mass. Oct. 21, 2014), a petition for an order to confirm a final arbitration award and entry of judgment was denied. The court determined...more

Court Refuses To Seal “Substantive Rulings” In Arbitration Award

A federal court in Michigan was recently presented with a motion to seal the briefing associated with a motion to confirm an arbitration award. The arbitration concerned a reinsurance dispute and had been conducted pursuant...more

Unchecked: How Frazier v. CitiFinancial Eliminated Judicially Created Grounds for Vacatur Under the Federal Arbitration Act

Arbitration agreements play a pivotal role in resolving civil disputes. In an effort to avoid the time and expense of litigation, arbitration is often favored over traditional judicial remedies. In 1925, Congress passed the...more

Litigation Update: Court's Refusal To Enforce An Award On Public Policy Grounds: A Step Backward For International Arbitration In...

In recent years, Australian courts have confirmed the "sacrosanct principle of international arbitration that courts will not review the substance of arbitrators' decisions" 1, assuring parties to a dispute that the...more

Business Litigation Report -- October 2014

In This Issue: - Main Article: ..Multi-Jurisdictional Enforcement of Judgments - Noted With Interest: ..New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for...more

New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for Vacatur

There are several differences between court litigation and international arbitration, but two in particular stand out. First, whereas the losing party at trial can bring an appeal, the losing party in an arbitration can only...more

International Arbitration Newsletter

In This Issue: - The 2014 LCIA Rules - Latham & Watkins Secures Arbitral Award and Judgment When Respondent Fails to Post Full Security for Enforcement Stay - Ukraine Crisis: A Recap of the Latest US and EU...more

Court Confirms Arbitration Panel’s Interim Award Requiring Reinsurer To Post Security For Cedent’s Claimed Losses

A federal district court has confirmed an arbitration panel’s interim award requiring Allied Provident, as reinsurer, to post security for unreimbursed losses and expenses that its cedent claims are due under the parties’...more

At Her Majesty‘s Pleasure? Directors of ‘can pay, won‘t pay’ award debtors face the prospect of an extended stay in England should...

The grant by Males J of an order for the appointment of receivers by way of equitable execution in relation to foreign assets held by two arbitration award debtors, Unitech Limited (”Unitech”) and Burley Holdings Limited...more

Federal Court Remands Action To Confirm Arbitration Award: No Subject Matter Jurisdiction

A federal court in California recently rejected efforts to remove a state court arbitration confirmation proceeding to federal court. The underlying royalties dispute had been addressed in an arbitration, and ultimately the...more

Village of Posen’s Rough Day in Court: The Perils of Challenging an Arbitration Award

The Illinois Appellate Court recently affirmed an arbitrator’s decision to fully reinstate a police officer terminated for cashing workers’ compensation checks while also receiving full disability pay during recovery from an...more

Five Tips for State Courts Considering Whether to Vacate Arbitration Awards (ahem, South Dakota, Ohio)

In an example of “What Not to Vacate,” the South Dakota Supreme Court just vacated an arbitration award because the arbitrator dared to apply a South Dakota statute allowing attorneys’ fees to the claimant. A week earlier,...more

Post navigation Texas Court Holds Insurer Prejudiced By Late Notice

In its recent decision in C.L. Thomas v. Lexington Ins. Co., 2014 Tex. App. LEXIS 10148 (Tex. App. Sept. 11, 2014), the Court of Appeals of Texas had occasion to consider whether an insurer was prejudiced by untimely notice...more

New avenues for arbitral award enforcement in the UAE?

One of the most paramount questions on any claimant’s mind when entering into a dispute resolution process in the Middle East (such as an arbitration) might be the eventual enforceability of a successful award against some...more

Court Denies Motion To Dismiss For Lack Of Subject Matter Jurisdiction

In prior proceedings, Glory Wealth obtained an England arbitration award against Industrial Carriers, Inc. (ICI) and a confirmation of the award in the United States District Court for the Southern District of New York....more

Missouri Court Denies Reconsideration Of Order Quashing Subpoena Of Un-Issued Arbitration Award

Lincoln Memorial Insurance Company and Hannover Life Reinsurance Company of America became engaged in a long-running reinsurance dispute, arising from an allegedly fraudulent scheme by Lincoln and others in the sale of...more

Revisiting the New York Convention as Burundi Becomes its 150th Signatory

In recognition of the ever-increasing importance of international arbitration as a method of resolving international commercial disputes, Burundi recently became the 150th country to adopt the New York Convention on the...more

Alabama Joins Recent Trend of States Finding Defective Work May Be Covered Under a Commercial General Liability Policy

The Supreme Court of Alabama recently held in Owners Ins. Co. v. Jim Carr Homebuilder, LLC that a contractor’s commercial general liability (“CGL”) policy provided coverage for property damage caused by the defective work of...more

The International Comparative Legal Guide to International Arbitration 2014: A practical cross-border insight into international...

Bermuda - 1 Arbitration Agreements: 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of Bermuda? Other than requiring that it must be in writing, Bermuda’s...more

Arbitration Award Roundup

Mohammad Z. Alim v. KBR, Inc., Case No. 13-11094 (5th Cir. June 5, 2014) (affirming district court’s denial of motion to vacate arbitration award, finding plaintiff had waived his partiality argument by failing to raise the...more

Texas Supreme Court Vacates $26 Million Arbitration Award And Reverses Court Of Appeal’s Decision Imposing Requirement For...

Nearly ten years after arbitration proceedings commenced involving a claim arising from the purchase and sale of various insurance companies, the Texas Supreme Court vacated the $26 million arbitration award entered against...more

Un-Vacated: Appellate Courts Save Arbitration Awards

In SPX Corp. v. Garda USA, Inc., __A.3d__, 2014 WL 2708631 (Del. June 16, 2014), the Delaware Court of Chancery vacated an arbitration award (under its state arbitration act) after concluding the arbitrator manifestly...more

Arbitration Report - July 2014

In this Report: - U.S. Personal Jurisdiction Limits on Actions under the New York Convention: First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd. - Update on Most...more

Arbitration Award Vacated Because Arbitrators Were Impartial

Although we usually expect arbitrators to be impartial, the Supreme Court of Texas vacated an arbitration award because the chosen arbitrators were too impartial. Americo Life, Inc. v. Myer, __S.W.3d__, 2014 WL 2789429 (Tex....more

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