Arbitration Award Roundup

by Carlton Fields

Following is a selection of some of the recent decisions concerning requests to confirm, vacate or modify arbitration awards:

Evident Partiality / Fraud

Mohammad Z. Alim v. KBR, Inc., Case No. 13-11094 (5th Cir. June 5, 2014) (affirming district court’s denial of motion to vacate arbitration award, finding plaintiff had waived his partiality argument by failing to raise the known information prior to the arbitration hearing; summarily rejecting all claims that award was procured through fraud or undue means; and affirming district court’s decision to compel arbitration in the first instance);

Tenaska Energy, Inc., et al. v. Ponderosa Pine Energy, LLC, Case No. 12-0789 (Tex. Jan. 7, 2014) (reinstating trial court’s order vacating arbitration award because of arbitrator’s evident partiality and failure to disclose relevant information; rejecting claim of waiver as to partiality issue as information was never disclosed and therefore not known prior to arbitration; and ordering a new arbitration).

Exceeding Authority / Failure to Consider Evidence

Hungry Horse, LLC v. E Light Electric Services, Inc., Case No. 13-1425 (10th Cir. June 19, 2014) (affirming district court’s denial of motion to vacate, concluding arbitration panel had acted within its broad authority afforded under the parties’ arbitration agreement when issuing its award);

American Postal Workers Union, AFL-CIO v. U.S. Postal Service, Case No. 13-2579 (2d Cir. June 6, 2014) (reversing district court’s decision which had granted motion to vacate arbitral award on the basis that arbitrator exceeded his powers by applying the doctrine of collateral estoppel; holding that arbitrator’s decision to use collateral estoppel based on a prior administrative decision was not in excess of his powers; and remanding with instructions to confirm award);

Why Nada Cruz, L.L.C. v. Ace American Ins. Co., Case No. 13-20644 (5th Cir. June 3, 2014) (affirming district court’s confirmation of award which had dismissed arbitration due to untimeliness, finding arbitrator did not exceed his powers by concluding that the request for arbitration was dilatory under the parties’ agreement, and rejecting argument that arbitrator failed to hear pertinent evidence);

Seed Holdings, Inc. v. Jiffy Int’l As, et al., Case Nos. 13-CV-2284 and 13-CV-2755 (USDC S.D.N.Y. March 24, 2014) (denying motion to vacate award, and granting motion to confirm award, finding no evidence that arbitrators exceeded their authority; rejecting arguments that arbitrators failed to consider certain evidence and that arbitrators manifestly disregarded the law; and denying motions to remand or stay court actions based on jurisdictional grounds);

West Liberty Foods, L.L.C. v. Moroni Feed Co., Case No. 4:10-CV-00146 (USDC S.D. Iowa March 6, 2014) (denying plaintiff’s motion to vacate prejudgment interest awarded to defendant in arbitration, finding award to be a “reasoned award” and within arbitrator’s authority; denying defendant’s request to reimburse attorney’s fees incurred in response to plaintiffs’ alleged “bad faith” actions in filing and arguing its motion to vacate; and confirming remainder of arbitration award).

Manifest Disregard

Berkshire Wilton Partners, LLC v. Bilray Demolition Co., Inc., Case No. 2013-191 (R.I. June 9, 2014) (vacating lower court’s judgment which had vacated an arbitration award; rejecting arguments that arbitrator had manifestly disregarded both the law and the plain language of the parties’ release; and remanding with instructions to enter judgment in favor of party who had been awarded damages in arbitration);

Aerotel, Ltd. v. IDT Corp., Case No. 13-3085 (2d Cir. June 3, 2014) (affirming district court’s declination to vacate arbitration award where panel had awarded plaintiff some, but not all, lost profits sought and had declined to order specific performance under the parties’ contract; finding panel “was unquestionably applying the governing law” and therefore there were no grounds to vacate);

A&G Coal Corp., et al. v. Integrity Coal Sales, Inc., Case No. 13-2411 (2d Cir. May 9, 2014) (affirming district court’s confirmation of arbitration award, finding no support that the arbitrator manifestly disregarded the law or the parties’ agreements to justify vacatur).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carlton Fields | Attorney Advertising

Written by:

Carlton Fields

Carlton Fields on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.