The Fourth Circuit Court of Appeals recently held that it lacked jurisdiction over a petition to vacate an arbitration award....more
2/4/2025
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Broker-Dealer ,
Dispute Resolution ,
Federal Arbitration Act ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Jurisdiction ,
Lack of Jurisdiction ,
Motion to Vacate ,
Securities Litigation ,
Securities Regulation
The Fifth Circuit Court of Appeals recently rejected a claim that an arbitration award should be vacated by holding that the challenging party’s arguments improperly asked the court to review the merits of the arbitration...more
The Second Circuit Court of Appeals recently affirmed a decision confirming a decision by the International Chamber of Commerce (ICC) that applied the law of the United Arab Emirates (UAE)....more
The Tenth Circuit Court of Appeals recently rejected a claimant’s effort to vacate the dismissal of his FINRA claim following his repeated failure to comply with various deadlines. ...more
8/31/2020
/ Appeals ,
Arbitration ,
Dismissal With Prejudice ,
Dismissals ,
Failure to Comply ,
Financial Industry Regulatory Authority (FINRA) ,
Former Employee ,
Good Cause ,
Motion to Vacate ,
Sanctions ,
Scheduling Orders ,
Vacated
The First Circuit recently denied a corporation’s numerous arguments seeking to vacate an arbitration award in favor of the individual who sold an entity to the corporation. The court’s decision reflected the narrow review of...more
2/24/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitration Award Challenges ,
Arbitration Awards ,
Blocking Power ,
Calculation of Damages ,
Contract Disputes ,
Damages ,
Manifest Disregard ,
Motion to Vacate ,
Securities Transactions
The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more
12/12/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Choice-of-Law ,
Contract Disputes ,
Contract Terms ,
CT Supreme Court ,
Federal Arbitration Act ,
Motion to Dismiss ,
Motion to Vacate ,
Statute of Limitations
Arbitration over whether a South Korean company or a Bermuda company headquartered in Hong Kong owns a geostationary satellite in light of an order from a South Korean regulatory agency can be complicated. The Second Circuit...more
10/9/2019
/ Administrative Authority ,
Arbitration ,
Arbitration Awards ,
Business Operations ,
Export Controls ,
Foreign Judgments ,
Motion to Vacate ,
Public Policy ,
Purchase Agreement ,
Sale of Assets ,
Satellites ,
Statutory Violations ,
Transfer of Assets
The Fifth Circuit has joined a number of other circuits and concluded that whether class arbitration is appropriate under the terms of a particular arbitration agreement is a “gateway” issue to be decided by courts, not an...more
The Eighth Circuit recently vacated a judgment confirming an arbitration award after concluding that the district court lacked personal jurisdiction over the defendant....more
The Southern District of New York has rejected a petition to vacate an arbitration award on the basis that the arbitrators failed to disclose allegedly material information.
...more
6/6/2019
/ Arbitration ,
Arbitration Awards ,
Arbitrators ,
Consumer Financial Products ,
Consumer Lenders ,
Contract Disputes ,
Contract Terms ,
Failure To Disclose ,
Financial Institutions ,
Motion to Vacate ,
UBS
A New York federal court recently confirmed an arbitration award related to the alleged theft of more than $100 million from a Luxembourg company, SLS Capital. SLS’s liquidator in bankruptcy court then initiated a FINRA...more