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Diversity Jurisdiction › Arbitration Awards

Carlton Fields

District Courts May Not “Look Through” Applications to Modify, Confirm, or Vacate Arbitral Awards

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Ascension Data & Analytics LLC terminated its contract with Pairprep Inc. for data extraction services after an alleged data breach involving Pairprep’s servers and Pairprep’s alleged “failure to extract reliable data.”...more

Felicello Law PC

You Can’t Always Get What You Want (In Federal Court)

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We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more

Carlton Fields

“This Is Florida’s Problem. Not Texas’s.” Fifth Circuit’s Decision on Personal Jurisdiction Includes Two Cautionary Reminders

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On October 2, 2020, the U.S. Court of Appeals for the Fifth Circuit confronted the question whether a federal district court in Texas had jurisdiction to vacate an arbitration award in Florida. The district court answered...more

Carlton Fields

Fourth Circuit Reverses Dismissal, Finding Federal Question Jurisdiction for Review of Arbitral Award

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The Fourth Circuit Court of Appeals reversed a Virginia federal court’s dismissal of a challenge to an arbitration award. The underlying dispute arose out of a lawsuit filed by Alvin Moore against his email service provider,...more

Mintz - Arbitration, Mediation, ADR...

Only in America: The Controversy Concerning Federal Jurisdiction Over Motions to Confirm, Vacate, or Modify Arbitral Awards

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In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States...more

Carlton Fields

Court Grants Default Judgment Confirming Arbitration Award, With A Lesson On Jurisdiction

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Choice Hotels filed an application to confirm an arbitration award of over $247,000 for the alleged breach of a franchise agreement by two defendants, which failed to timely commence construction of a hotel. The defendants...more

Butler Snow LLP

The Demand Approach: Fifth Circuit clarifies that arbitration demand, not award, determines amount in controversy

Butler Snow LLP on

In a case of first impression for the U.S. Court of Appeals for the Fifth Circuit, the court held that in a proceeding to confirm an arbitral award under the Federal Arbitration Act (FAA), the amount of the demand in...more

Carlton Fields

Fifth Circuit: Diversity Jurisdiction Determined By Amount Sought In Arbitration, Not Amount Of Award

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In a recent interlocutory appeal of a matter involving an arbitration of a claim for $80 million, but in which only $10,000 was awarded, the Fifth Circuit held that the amount in controversy for purposes of establishing...more

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