News & Analysis as of

Arbitration Awards

Mississippi Clarifies When “Evident Miscalculation” Exists To Modify An Arbitration Award

The Supreme Court of Mississippi issued a new opinion that sheds light on a topic that doesn’t come up often: when can an arbitration award be modified due to miscalculation? D.W. Caldwell, Inc. v. W.G. Yates & Sons...more

New York and London Remain Hot Seats for International Arbitrations

by McGuireWoods LLP on

International arbitration is by far the preferred method for resolving cross-border disputes, and London and New York are among the most favored seats for such arbitrations, according to more than 1,100 respondents to “The...more

Court Of Appeal Of England And Wales Finds That Party’s Forgery Of Documents In Connection With A Transaction Does Not Bar...

by Carlton Fields on

The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission (the “Tribunal”) against RBRG Trading (UK) Limited in favor of Sinocore...more

SDNY Denies Plaintiff’s Attempt To Vacate Arbitral Awards In Administrative Charge Dispute With Verizon

by Carlton Fields on

Verizon Wireless prevailed recently in confirming certain arbitration awards related to a dispute based on allegedly unlawful administrative charges for a cellular contract. ...more

Decade-Long Battle Between Policyholder, Reinsurer, And Retrocessionaire To Continue As Reinsurer Files Notice Of Appeal

by Carlton Fields on

A Brazilian mining and steelmaking company (Companhia Siderurgica Nacional, S.A. (“CSN”)), a Brazilian insurance company (IRB Brazil Resseguros, S.A. (“IRB”)), and an American insurance company (National Indemnity Company...more

Careless Whispers: Ex Parte Communications Lead to Overturned Arbitration Award

In its recent decision in Hunt v. The Owners, Strata Plan LMS 2556, the British Columbia Court of Appeal (BCCA) held that private communications between an arbitration panel and only one party to the arbitration can give rise...more

The Hong Kong Court of Final Appeal Delivers a US$130 Million Sanity Check

In Astro Nusantara International B.V. v. PT Ayunda Prima Mitra [2018] HKCFA 12, a Singapore-seated arbitral tribunal, operating under SIAC rules, rendered a US$130 million award in favour of several parties who were not...more

Direct enforcement of ADGM Court judgments and arbitration awards into onshore Abu Dhabi

by White & Case LLP on

On 11 February 2018, the Abu Dhabi Global Market Courts (ADGM courts) entered into a memorandum of understanding (MoU) with the Abu Dhabi Judicial Department, allowing for the reciprocal enforcement of judgments, decisions,...more

Are Consent Awards Under The New York Convention Enforceable In U.S. Courts? Federal Court In Texas Says Yes

by Pepper Hamilton LLP on

Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., 2018 U.S. Dist. LEXIS 39494 (S.D. Tex. Mar. 12, 2018) - On March 12, 2018, in Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., the U.S....more

Arbitrator’s Decision Not Based On Manifest Disregard Of The Law, But Challenge To That Decision Was Not So Meritless As To...

by Carlton Fields on

Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent’s president, asserting that he had not been fired for cause and was thus owed...more

Proposed Amendments to India's Arbitration Act

by Jones Day on

The Government of India has announced possible amendments to the Indian Arbitration and Conciliation Act 1996 ("Act"). On 7 March 2018, the Cabinet of Ministers approved the Arbitration and Conciliation (Amendment) Bill 2018...more

Court Vacates Arbitration Award In Crop Insurance Dispute That Awarded Remedies Preempted By Federal Law

by Carlton Fields on

The plaintiff, a farming company, demanded arbitration against Diversified Crop Insurance Services over the nonpayment of federally reinsured claims....more

ADGM Courts and Abu Dhabi Judicial Department sign memorandum of understanding on reciprocal enforcement of judgments and awards

by DLA Piper on

On 11 February 2018, the Abu Dhabi Judicial Department of the Abu Dhabi Government (ADJD) representing the onshore, civil law Abu Dhabi Courts (Abu Dhabi Courts), signed a Memorandum of Understanding (MoU) with the offshore,...more

Spring State Court Smorgasbord: Three Decisions Hostile To Arbitration

The focus today is recent state appellate court decisions on arbitration. Because there are an awful lot of them, I am going to divide them roughly into those that are pro arbitration, and those that are hostile to...more

When Seeking to Enforce an ICSID Arbitration Award Against a Foreign Sovereign, Think FSIA First

An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more

Court of Final Appeal extends time for First Media to challenge enforcement orders and judgment

by Hogan Lovells on

In Astro Nusantara International B.V. and Others v. PT First Media TBK [2018] HKCFA 12; FACV 14/2017 (11 April 2018), Hong Kong’s highest court the Court of Final Appeal (“CFA“) handed down its decision on 11 April 2018 in a...more

Tips for Effective Advocacy in Arbitration

by Holland & Hart LLP on

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

Contractor Who Failed To Challenge Arbitration Award Within Statutory Three Month Period Cannot Resurrect The Challenge As An...

by Pepper Hamilton LLP on

St. George Fire Prot. Dist. No. 2 v. J. Reed Constructors, Inc. 2018, La. App. LEXIS 262 (February 20, 2018) - J. Reed Constructors, Inc. (“J. Reed”) and St. George Fire Protection District No. 2 (“St. George”) entered...more

ADGM and Abu Dhabi courts – a memorandum of understanding

by Dentons on

On 4 April 2018, the Abu Dhabi Global Market Courts (ADGM Courts) announced in a press release that it had entered into a memorandum of understanding (MoU) with the Abu Dhabi Judicial Department. The MoU was signed on 11...more

Inside ADR: April 2018

by JAMS on

Statute of Limitations in Arbitration Agreement Unenforceable for FLSA Claims - Castellanos, et al., v Raymours Furniture Company, Inc. United States District Court, E.D. New York - Castellanos and fellow employees...more

South Africa – Stepping onto the International Arbitration stage in 2018

by Hogan Lovells on

In what may very well become known as one of the last significant acts signed off by former President Jacob Zuma, the International Arbitration Act No.15 of 2017 ("the Act") came into effect on 20 December 2017....more

New York District Court Confirms Foreign Arbitration Award, Reasoning That Courts With Secondary Jurisdiction May Not Refuse To...

by Carlton Fields on

Pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, codified at 9 U.S.C. § 201 et seq. (the “Convention”), Petitioner, a German corporation, sought an order confirming a final arbitration...more

An Introductory Guide to Arbitration in Singapore - March 2018

by Morgan Lewis on

ARBITRATION LEGISLATION IN SINGAPORE - What legislation governs domestic and international arbitration in Singapore? There are three main pieces of legislation: ..The International Arbitration Act (IAA). ..The...more

Fourth Circuit Instructs District Court To Vacate Arbitration Award That Was Not Mutual, Final, And Definite

by Carlton Fields on

The Fourth Circuit reversed and remanded the district court’s order granting Norfolk Southern Railway Company’s motion to confirm an arbitration award determining the amount Sprint must pay to Norfolk Southern for continued...more

D.C. Circuit Court Rules On Currency Conversion Issue In Arbitral Award

by Carlton Fields on

Following a Greek arbitration, Petitioner sought to confirm an arbitration award and enter judgment in the U.S. District Court for the District of Columbia. The arbitral award was issued on July 2, 2013 for €39,818,298 in...more

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