News & Analysis as of

Motion to Vacate

Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff

by Carlton Fields on

Last month the Southern District of New York granted DCH Auto Group’s motion to confirm a favorable arbitral decision dismissing a pro se plaintiff’s arbitration with prejudice, over a host of different challenges seeking...more

Only in America: The Controversy Concerning Federal Jurisdiction Over Motions to Confirm, Vacate, or Modify Arbitral Awards

In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States...more

Federal Court Resolves Arbitration Challenges To Dissolution Of Lawyer And Non-Lawyer Partnership

by Carlton Fields on

A federal court recently decided a host of different motions related to an arbitration dissolving the now-defunct Beltway Law Group (“BLG”), a firm that operated websites and other marketing efforts to attract clients on...more

Rhode Island Supreme Court Rules That Despite Deference Afforded Arbitrator, the Award Must Be Vacated Where Arbitrator’s Decision...

by Pepper Hamilton LLP on

Nappa Constr. Mgmt., LLC v. Flynn, 2017 R.I. LEXIS 13 (R.I. Jan. 23, 2017) - Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an automobile repair...more

Arbitral Award Settling Buyout Price In Diamond Business Dispute Affirmed Over Allegations Of Arbitrator Partiality

by Carlton Fields on

The arbitration award in a dispute between former joint venture partners in a series of international diamond businesses has been confirmed by the Southern District of New York. The decision resolved motions by Julius Klein...more

Court Finds That Arbitration Award That Interpreted Contract “Termination” To Include Contract “Expiration” Was Not A “Manifest...

by Carlton Fields on

Former franchisees filed a petition to vacate an arbitration award entered in favor of their former franchisor which enforced a 2-year non-compete provision in the parties’ franchise agreement when the agreement expired. The...more

Ninth Circuit Confirms Arbitration Award Challenged For Lack Of “Reasoned Opinion”

by Carlton Fields on

Petitioner Daniel Olson brought an action in federal court seeking vacatur of an award against him in arbitration of an employment dispute. He challenged the arbitration award for lack of a “reasoned opinion” and failure of...more

Real Property & Title Insurance Update: Weeks Ending February 17 & 24, 2017

by Carlton Fields on

Foreclosure: foreclosing bank’s allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years prior to...more

Court Confirms Arbitration Award, Rejecting Claim That Arbitrator Exceeded His Powers And Ignored The Law

by Carlton Fields on

A court has confirmed an arbitration award of more than $8 million in damages, attorneys’ fees and costs against Sirona Dental Systems, Inc. and Arges Imaging Inc. (collectively “Respondents”) in favor of Petitioners, who...more

Appellate Court Rejects Claim Of Arbitrator Bias Based On Umpire’s Service As A Party Arbitrator In Other Matters Involving A...

by Carlton Fields on

The Second Circuit has rejected the attempt of a retrocedent, IRB Brasil Reseguros S.A. (“IRB”), to vacate certain arbitration awards against it in favor of its retrocessionaire, National Indemnity Company (“NICO”). IRB...more

Ninth Circuit Affirms California District Court’s Confirmation Of Arbitration Award

by Carlton Fields on

In this matter, a California district court confirmed an arbitration award in favor of D.A.R.E. America, and denied a motion to vacate the arbitration award by D.A.R.E. New Jersey, Inc. D.A.R.E. New Jersey, Inc. appealed to...more

First Circuit Affirms District Court’s Confirmation Of Arbitration Award Under The “Look-Through” Test

by Carlton Fields on

The background of this matter could be found here. In sum, Plaintiffs Dr. Luis Ortiz-Espinosa and his wife Maritza Soto-Garcia, the conjugal partnership they formed, Espinosa-Soto, and Luis Ortiz-Espinosa, as trustee of...more

Petition To Vacate Arbitration Award Served By Email Did Not Constitute Service Under FED. R. CIV. P. 5

by Carlton Fields on

The Second Circuit has affirmed a decision finding email insufficient for service, absent consent to such method. In the underlying district court, the Petitioner emailed a copy of his petition to one of Respondent, Deutsche...more

Arbitrator’s Decision On Availability Of Collective And Class Arbitration Withstands Procedural And Substantive Challenges

by Carlton Fields on

A Colorado federal court recently denied DISH Network (“DISH”)’s petition to vacate an arbitration award that decided an arbitration agreement with former employee Ray permitted collective or class certification. The...more

Court Applies The “Look Through” Approach To FAA Section 10 Petitions In Determining Subject Matter Jurisdiction

by Carlton Fields on

Plaintiffs, members of the Harman family, sold their family farm and sought investment advice from defendant Wilson-Davis. The Harmans claimed they were damaged after making certain investments due to forged financial...more

Court Holds Alleged Industry Bias Among Arbitrators Insufficient To Vacate Award

by Carlton Fields on

The case concerned two purchase orders whereby defendant BJB LLC dba Agri Trading (Agri Trading) agreed to purchase corn oil from plaintiff Hardy Industrial Technologies, Inc. (Hardy). A dispute arose and was submitted for...more

London Maritime Arbitration Association Held To Be A “Foreign Tribunal” Within The Meaning OF 28 U.S.C. § 1782

by Carlton Fields on

Kleimar N.V., the plaintiff in a London arbitration against defendant Dalian Dongzhan Group Co. Ltd. (Dailan), filed an ex parte application with the New York District Court seeking the issuance of a discovery order and...more

Ninth Circuit Applies New York Law In Determining Assignment Of Rights To Arbitration Proceeds Was Not A Material Breach Of...

by Carlton Fields on

Finding the alleged breach of an anti-assignment provision in a Settlement Agreement was not material, the Ninth Circuit held that the FAA did not provide grounds for vacatur of an arbitration award. In so holding, the Court...more

New Jersey Federal Court Affirms Arbitration Award, And Denies Cross-Motion To Vacate Arbitration Award

by Carlton Fields on

The underlying arbitration involved a dispute between Petitioner Global Liquidity Partners, LLC (“Global”), a “securities execution services firm that . . . us[es] confidential and proprietary technology, software, programs...more

In 2016 the Texas Supreme Court Continues to Favor Arbitration

by Strasburger & Price, LLP on

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

Party Cannot Appeal Decision That District Court Did Not Make Regarding Motion To Vacate Arbitration Award

by Carlton Fields on

The Sixth Circuit has declined to rule on a motion to vacate an arbitration award, which was brought at the same time as a successful motion to dismiss the action for forum non conveniens, when the district court had not...more

Arbitration Award In International Coal Shipping Dispute Upheld As Within Tribunal’s Authority

by Carlton Fields on

An arbitration tribunal awarded damages to Sino East after Kailuan International wrongfully terminated a coal shipping contract after the delivery was delayed. The two Hong Kong-based companies’ agreement for Sino East to...more

Fourth Circuit Refuses To Vacate FINRA Arbitration Award, Despite Party’s Claim That It Had No Opportunity To Participate In...

by Carlton Fields on

UBS Financial Services’ motion to vacate a FINRA arbitration award was denied, despite its claims that the panel was improperly chosen and that the panels damages award was flawed in that it did not impose an offset. UBS...more

8th Circuit Expands Arbitral Immunity Doctrine

A per curiam opinion from the 8th Circuit last week highlights that even if an arbitration goes off the rails, the only remedy is vacating (or confirming) the award. The parties cannot recover from the administrator of the...more

Real Property & Title Insurance Update: Weeks Ending November 4 & 11, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more

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