Nora Valenza-Frost on Jurisdiction

Fifth Circuit Affirms That District Court in Texas Lacks Jurisdiction to Vacate Arbitration Award in Florida

Defendants-appellees picked up work orders from the plaintiff-appellant in its Florida offices, performed field work in Florida, and sent invoices to the plaintiff-appellant in Texas, who eventually stopped paying the...more

10/26/2020 / American Arbitration Association , Arbitration , Jurisdiction , Vacated

Eighth Circuit Affirms Ruling That NLRB Retains Jurisdiction to Review Arbitration Decision on NRLA Charge, Not Court

An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally...more

7/29/2020 / Arbitration , Arbitration Agreements , Collective Bargaining Agreements (CBA) , Jurisdiction , Labor Relations , NLRA , NLRB , Section 301 , Unfair Labor Practices , Unions

Fourth Circuit Determines Arbitral Panel in UK Is Foreign Tribunal for Purposes of Section 1782

Where the parties to a private arbitration in the United Kingdom disagreed as to whether the arbitration panel is a “foreign or international tribunal” for purposes of obtaining testimony from residents in South Carolina...more

4/15/2020 / 28 U.S.C. § 1782 , Arbitration , Arbitration Agreements , Foreign Tribunals , International Arbitration , Jurisdiction , UK

Without Jurisdiction or Authority to Review, California Appellate Court Dismisses Appeal of Trial Court’s Statement of Decision

Finding that a California trial court’s statement of decision was not a judgment or appealable order, the California Court of Appeal dismissed the appeal, having no jurisdiction or authority to review it....more

1/28/2020 / Appeals , Cal Code of Civil Procedure , Final Judgment , Insurance Litigation , Judicial Review , Jurisdiction , Motion to Dismiss , Rules of Civil Procedure

Second Circuit Affirms Ruling Rejecting Lack of Notice Defense Under New York Convention Article

Affirming the confirmation of a Chinese arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Second Circuit held that notice mailed directly to an entity is sufficient to...more

6/27/2019 / Arbitration , Arbitration Agreements , Arbitration Awards , International Arbitration , Jurisdiction , New York Convention

New York’s First Department Upholds Fraud Claim Involving Alleged Sham Reinsurance Scheme

In an action alleging claims for fraud and conspiracy to commit fraud (among others), a New York appellate court upheld the trial court’s conclusion that the “defendants are subject to jurisdiction under New York’s long-arm...more

7/2/2018 / Acquisitions , Civil Conspiracy , Fraud , Jurisdiction , Long Arm Statute , Misrepresentation , Proxy Statements , Reinsurance

Texas Federal Court Enforces Arbitration Award Under the New York Convention Despite Jurisdictional Challenge

Respondent argued against the confirmation of the arbitral award as it was based upon the consent of the parties, rather than a disputed hearing, which it contended made the award not subject to the New York Convention,...more

5/21/2018 / Arbitration , Arbitration Awards , Jurisdiction , New York Convention

UK Supreme Court Confirms English Courts Lack Jurisdiction Under The Arbitration Act 1996 To Compel Parties To Provide Security...

As a condition to challenging enforcement or recognition of an arbitration award, the UK Supreme Court overturned a Court of Appeal decision which imposed a $100 Million security obligation on a New York Convention arbitral...more

4/19/2017 / Arbitration , Arbitration Awards , Jurisdiction , New York Convention , UK Supreme Court

Federal Court Finds Arbitrator Had Authority To Determine It Had Jurisdiction Over Corporation’s Principals And Non-Signatories...

New World Solutions, Inc. (“NWS”) and Asta Funding Inc. (“Asta”) entered into an agreement which contained an arbitration clause. After a dispute arose and the parties undertook arbitration, the arbitrator entered an award...more

8/11/2016 / Arbitration , Arbitration Agreements , Arbitration Awards , Jurisdiction , Mandatory Arbitration Clauses , Motion to Vacate

D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds. The Appeals Court revived the case, finding the...more

7/18/2016 / Appeals , Arbitration Awards , Czech Republic , Dismissals , Foreign Sovereign Immunities Act of 1976 (FSIA) , Foreign Sovereigns , Jurisdiction , New York Convention , Reversal , Sovereign Immunity

Nora Valenza-Frost

Carlton Fields

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