News & Analysis as of

Arbitration Awards

Dechert LLP

English Court of Appeal Ruling Emphasises Need for Care When Launching Proceedings as Part of an International Litigation Strategy

by Dechert LLP on

Commercial court litigation is often seen as a tactical weapon that provides a means to a greater end, in an international context the end perhaps being the securing of an English judgment that might then assist parallel...more

Carlton Fields

New York Federal Court Confirms Arbitration Award

by Carlton Fields on

The background and full procedural history of this case can be found here. In sum, the dispute stems from a 2011 agreement by KT Corporation and KTSAT Corporation (“KT”), a Korean satellite communications provider, to sell...more

Carlton Fields

Two Federal Appellate Courts Decline To Find “Evident Partiality” Due To Trivial Omissions In Arbitrator’s Disclosures

by Carlton Fields on

In two separate appellate decisions, two circuit courts of appeal declined to overturn orders enforcing arbitration awards where the appellants had challenged the respective awards based on “evident partiality” under the FAA....more

Stinson Leonard Street - Arbitration Nation

Three Failures To Disclose, Only One Arbitration Award May Be Vacated

Okay, folks, we are still combating the summer slide here. Today’s refresher rule is this: If an arbitrator fails to disclose a substantial relationship, the resulting award can be vacated under 9 U.S. C. 10 (a)(2). But,...more

JAMS

Inside ADR: July 2018

by JAMS on

Arbitrator’s Failure To Disclose Previous Mediation With Party Did Not Result In Evident Partiality Or Misbehavior - Ploetz v. Morgan Stanley 2018 WL 3213877 United States Court of Appeals, Eighth Circuit Ploetz sued...more

K&L Gates LLP

Arbitration World

by K&L Gates LLP on

FROM THE EDITORS: Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration...more

Carlton Fields

Second Circuit Joins Sister Circuits in Holding Party-Appointed Arbitrators Not Subject to Same Disclosure Requirements as Neutral...

by Carlton Fields on

The Second Circuit recently held that parties seeking to vacate awards under Federal Arbitration Act Section 10(a)(2) must satisfy a higher burden in showing evident partiality by a party-appointed arbitrator. ...more

Mintz Levin - ADR: Advice From The Trenches

The Potential Pitfalls of Contesting Arbitrability in the Arbitration

When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02...more

Carlton Fields

Ninth Circuit Confirms Arbitration Award Due to Failure to Preserve Objection to Arbitrability

by Carlton Fields on

Pioneer Roofing Organization (PRO) appealed an order from a federal district court granting summary judgment in favor of Sheet Metal Workers’ Local Union No. 104 on PRO’s petition to vacate the arbitrator’s award. ...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

A Magnified Local Example of Common Problems in Construction

The Cedar Rapids Gazette has published several articles critical of the University of Iowa’s handling of the construction of the new Stead Family Children’s Hospital. The hospital itself is impressive and life-changing; just...more

Hogan Lovells

Latest developments in the Sanum saga: application to refuse enforcement rejected

by Hogan Lovells on

In what has been a long-standing dispute comprising several applications before the courts of Singapore and Hong Kong, the Singapore High Court has rejected an application to refuse enforcement of an arbitral award for US$200...more

Hogan Lovells

“Attorney eyes only” order does not breach settled arbitral norms or natural justice

by Hogan Lovells on

The Singapore High Court has refused an application to set aside an award on the basis that there had been a breach of natural justice. The central issue in the application was whether the imposition of an “attorney eyes...more

Hogan Lovells

Application to adjourn enforcement proceedings dismissed (Singapore High Court)

by Hogan Lovells on

The Singapore High Court has refused an application to challenge the enforcement of a Danish Institute of Arbitration award, and dismissed an alternate argument for the adjournment of the enforcement proceedings....more

Carlton Fields

Fourth Circuit Upholds Arbitration Award Involving Termination of Employee

by Carlton Fields on

Affirming the trial court’s ruling, the Fourth Circuit upheld the denial of a motion to vacate or modify an arbitration award involving the termination of an employee. ...more

Dechert LLP

The New UAE Arbitration Law: Separating the Old from the New

by Dechert LLP on

Federal Law No. 6 of 2018 Concerning Arbitration (the "New Law") came into force on 16 June 2018. It applies to all arbitrations seated in the United Arab Emirates ("UAE") (excluding the DIFC and ADGM), and includes...more

Jones Day

Singapore Court Affirms Power of Arbitral Tribunals to Order Attorneys' Eyes Only Disclosure

by Jones Day on

The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's...more

Burr & Forman

Mississippi Supreme Court Reaffirms Narrow Role of Courts in Modifying Arbitration Awards

by Burr & Forman on

The Mississippi Supreme Court recently considered the narrow role of courts in amending arbitration awards and the applicability of federal and state statutes in a choice-of-law conflict. See D.W. Caldwell, Inc. v. W.G. Yates...more

Morgan Lewis

Singapore High Court Upholds Enforcement of Arbitral Award

by Morgan Lewis on

The recent decision indicates that the court is more in line with Singapore’s pro-arbitration approach, and that it would reject the enforcement of international arbitral awards only in exceptional circumstances....more

Bracewell LLP

Worthier Horizons: The UAE's New Federal Arbitration Law

by Bracewell LLP on

Almost 12 years after it acceded to the New York Convention, the UAE’s new Federal Arbitration Law came into effect on 16 June 2018. Closely based on the UNCITRAL Model Law, it is widely regarded amongst the international...more

NAM (National Arbitration and Mediation)

Creative Solutions In The Commercial Mediation Process

Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions...more

Carlton Fields

Multi-Million Russian Mall Investment Dispute Remains In Limbo As Ninth Circuit Vacates Turnover Order Requiring Release Of Assets...

by Carlton Fields on

In a matter between Petitioner Vitaly Smagin and Respondent Ashot Yegiazaryan, the London Court of International Arbitration awarded Smagin about $72 million in damages plus about $20 million in interest and fees....more

White and Williams LLP

Second Circuit Adopts Heightened Standard for Distinguishing Evident Partiality of Party-Appointed Arbitrator

by White and Williams LLP on

The Second Circuit recently joined other circuit courts in adopting a different standard for determining the evident partiality of a party-appointed arbitrator than a neutral arbitrator or umpire. In Certain Underwriting...more

Sheppard Mullin Richter & Hampton LLP

Contracts with Foreign Companies May Require a Rewrite

A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL...more

Sheppard Mullin Richter & Hampton LLP

EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v....more

Mintz Levin - ADR: Advice From The Trenches

#MeAgain: New York Appellate Court Applies State Law to Vacate Arbitration Award As a Violation of Public Policy (Prohibiting...

Lest we forget, many are the arbitrations that are subject to state arbitration law rather than the Federal Arbitration Act (“FAA”). And one should never underestimate the differences between those regimes. For example, under...more

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