A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that party cannot later seek judicial intervention if it disagrees with the...more
The U.S. Supreme Court issued its decision in Sutter today, unanimously holding that as long as the arbitrator bases a decision to allow or disallow class arbitration on the text of the parties’ agreement, her “construction...more
This morning, in a unanimous decision, the Supreme Court of the United States refused to overturn, under section 10(a)(4) of the Federal Arbitration Act (FAA), an arbitrator’s decision that a contract authorized class...more
What has happened? Arbitration in the UAE has experienced tremendous growth in recent years, with both domestic and international users increasingly drawn to many of its advantages over conventional court litigation....more
Arrowood Indem. Co. v. Trustmark Ins. Co., No. 3:03cv1000 (JBA), 2013 U.S. Dist. LEXIS 46566 (D. Conn. Mar. 29, 2013). A Connecticut federal court denied a cedent’s motion for judgment and contempt against a reinsurer...more
IN THIS ISSUE: - Recent Case Summaries - Recent Speeches and Publications - Excerpt from Recent Case Summaries: CALIFORNIA FEDERAL COURT GRANTS MOTION TO COMPEL PRODUCTION OF REINSURANCE DOCUMENTS AND...more
AXA Versicherung AG v. New Hampshire Ins. Co., No. 12 Civ. 6009 (JSR), 2013 U.S. Dist. LEXIS 60802 (S.D.N.Y. Apr. 22, 3013). A New York federal court had confirmed an arbitration award on consent of all parties and...more
The Presidium of the Supreme Arbitrazh Court (“SAC”) recently published Information Letter No. 156 approving the Review of the Arbitrazh Courts’ Practice of Considering Cases Concerning the Application of Public Policy as a...more
Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more
Every common law province except Ontario has passed legislation implementing the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Ontario instead adopted the United Nations’ Model Law on...more
This alert analyzes the legal positions taken by the Presidium of the Russian Federation Supreme Commercial Court (“SCC”) in its recently published review of commercial court practice in cases concerning the application of...more
In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more
A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised...more
While all arbitrators aim for the highest level of quality control, errors occur. Sometimes these errors are pretty egregious, which is why we always recommend using a trusted and well-respected ADR provider and arbitrator....more
One of the very few ways to show evident partiality by an arbitrator is to show the arbitrator had financial ties to a party or witness in the proceeding, another is to show the arbitrator prejudiced a party by reversing a...more
In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more
Federal courts almost uniformly confirmed reinsurance arbitration awards in 2012, continuing the trend of deference to arbitral decisions. Where the motion courts granted motions to vacate, the appellate courts often reversed...more
In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more
The Commercial Court of England and Wales and the Dubai International Financial Centre Courts (DIFC Courts) signed a Memorandum of Guidance (MoG) on 23 January 2013 concerning the enforcement of judgments between the two...more
In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more
In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more
In This Issue: The International Front: Understanding the Unique Features of International Arbitration; The Domestic Front: The Future of Class Arbitration in the United States; and Arbitral Perspectives: An Interview...more
Ober|Kaler Construction Group principal Raymond D. Burke and associates Matthew T. Vocci and Jackson B. Boyd secured judicial confirmation last year in the Circuit Court for Baltimore City of a significant arbitration award...more
On December 21, 2012, the U.S. Court of Appeals for the Fifth Circuit issued its decision in First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd., in which that court addressed, for the...more
Michigan's "bare bones" arbitration laws have been given more definition by legislation passed in the recent lame duck legislative session. The new statute, effective July 1, 2013 deals with virtually the full spectrum of...more
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