In Burton v. Class Counsel, 2013 DJDAR 16253 (2013), the Ninth Circuit Court of Appeal decided a unique case under the Federal Arbitration Act (FAA). The court decided the issue of whether lawyers can contractually agree to...more
In a case of first impression in the First Circuit, Employers Insurance Company of Wausau and National Casualty Company (“Wausau”), two of three reinsurers under identical agreements with OneBeacon American Insurance Co....more
On March 5, 2014, the United States Supreme Court upheld a $185 million arbitration award obtained by the United Kingdom's BG Group PLC against the Republic of Argentina, pursuant to a bilateral investment treaty. The Court...more
In a much anticipated opinion, on March 5, 2014, the U.S. Supreme Court decided 7-2 to reverse the lower court and revive a $185 million arbitration award in BG Group PLC v. Republic of Argentina. The case began under the...more
In a recent award enforcement decision, the US Court of Appeals for the Ninth Circuit ruled that parties cannot contractually eliminate judicial review of arbitral awards under the US Federal Arbitration...more
The National Labor Relations Board has issued a press release announcing its intention to revisit precedent created under a pair of Board decisions nearly 59 and 30 years old, respectively. The precedent involves under what...more
In November 2013 the American Arbitration Association (AAA) issued its new Optional Appellate Arbitration Rules, which afford parties the ability to appeal arbitral awards to specialised appellate tribunals. The appellate...more
On Saturday January 11, 2014, arbitrator Frank Horowitz reduced Alex Rodriguez’s suspension from 211 games to 162 games (plus any 2014 post-season games) for his use of performance enhancing drugs (“PEDs”) and obstruction of...more
Arbitration is in the news. Not just a buried paragraph in the business section, but the front page. (A three-arbitrator panel issued a 34-page arbitration award finding Major League Baseball was justified in suspending...more
On 17 December 2013 the British Virgin Islands House of Assembly had the third and final reading of the new Arbitration Act 2013. The new Act will come into force on a date to be announced. The following analysis is based on...more
Arbitration clauses are routinely added to commercial contracts, but often with very little reflection on the many strategic and tactical issues that should be considered. Further, there is a great deal of misunderstanding of...more
In the Hall Street decision in 2008, SCOTUS held that parties could not contractually enlarge Section 10 of the Federal Arbitration Act by agreeing that a court could vacate the arbitration award for reasons not found in that...more
I generally advise most clients under most circumstances to avoid arbitration clauses. Over the long run, they do not deliver on the promise of streamlined, cost effective litigation....more
Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the...more
Gloster LJ has ordered that the appellants, the losing parties in two London seated LCIA arbitrations, pay into court the full amount of awards now worth over US$325 million as a condition of proceeding with their appeal...more
The American Arbitration Association (AAA) has adopted a new set of Optional Appellate Arbitration Rules (the “Appellate Rules”) that became effective on November 1, 2013. Under the Appellate Rules, parties may agree, either...more
The American Arbitration Association (AAA) has released new rules establishing an optional appeals process for parties involved in arbitration. Effective November 1, 2013, the Optional Appellate Arbitration Rules (Rules)...more
The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four...more
A divided panel of the United States Court of Appeals for the Fourth Circuit took the unusual step of reversing an arbitrator’s award in favor of an ex-employee, finding that the arbitrator’s award was in “manifest disregard”...more
PIABA – the securities-investor plaintiff’s bar – issued an October 16 press release roundly criticizing industry self-regulatory rules allowing a broker to seek expungement of a customer-claim from her permanent record....more
The Second Circuit decision has more drama, so I’ll start there. In Kolel Beth Yechiel Mechil of Tartik-Ov, Inc. v. YLL Irrevocable Trust, __ F.3d __, 2013 WL 4609100 (2d Cir. Aug. 30, 2013), the losing party in an...more
An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain damages through arbitration, a labour arbitrator has decided.
Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013).
In a non-reinsurance case, the United States Supreme Court recently defined the scope of the limited judicial review provided for under Section 10(a)(4) of the...more
Nat’l Cas. Co. v. OneBeacon Am. Ins. Co., No. 12-cv-11874-DJC, 2013 U.S. Dist. LEXIS 92840 (D. Mass. Jul. 1, 2013).
A Massachusetts federal court held that the issue of whether a court judgment confirming an...more
Platinum Underwriters Bermuda Ltd. v. Excalibur Reinsurance Corp., No. 12-70, 2013 U.S. Dist. LEXIS 98671 (E.D. Pa. Jul. 15, 2013).
A Pennsylvania federal court has had a second chance to review an arbitration award...more
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