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Evidence Arbitration Arbitration Awards

Carlton Fields

Second Circuit Affirms Schwab Victory in FINRA Arbitration

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The Second Circuit Court of Appeals recently affirmed a decision confirming an arbitration award in favor of Charles Schwab & Co. over allegations of discovery abuses that purportedly rendered the arbitration proceeding...more

Carlton Fields

New Hampshire Supreme Court Vacates Arbitration Award Based on “Plain Mistake” of Law

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The city of Portsmouth terminated a police officer in the wake of a bequest made to the officer by a 92-year-old woman he had met while on duty. The officer had assisted the woman in finding an attorney to draft a new will...more

JAMS

Top Tips for Attorneys Representing Clients in Arbitrations

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Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who...more

Orrick, Herrington & Sutcliffe LLP

The Revision of the IBA Rules on the Taking of Evidence in International Arbitration: Catching Up With Reality

On 15 February 2021, the International Bar Association (the IBA) released its updated Rules on the Taking of Evidence in International Arbitration (the IBA Rules or the Rules).  The updated Rules were adopted on 17 December...more

Jones Day

Witness-Gating: Arbitrator's Denial of Witness Evidence at Hearing Deemed Breach of Natural Justice in Singapore

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While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more

Carlton Fields

Kentucky District Court Confirms Arbitration Award Allocating All Environmental Contamination Costs to Petitioner

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Following a 2007 settlement concerning the allocation of investigation and remediation costs incurred due to environmental contamination at an industrial complex, the parties agreed to resolve the litigation between the...more

Carlton Fields

Court Vacates Arbitration Award on Grounds of Evident Partiality

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City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more

Carlton Fields

Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial

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The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more

Bennett Jones LLP

Confidential Arbitrations Are Not Always Confidential

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In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding....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

Holland & Hart LLP

Tips for Effective Advocacy in Arbitration

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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

Troutman Pepper

Combatting Arbitration Inefficiency

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“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more

Carlton Fields

Court Affirms Arbitration Award, Finding No Violation Of Due Process Where Party Elected Not To Present Certain Evidence

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Wilson, a former salesperson for Oracle, had unsuccessfully appealed the amount of her commission through Oracle’s internal compensation review process. Wilson then submitted a claim for arbitration alleging breach of...more

Carlton Fields

Court Confirms Interim Arbitration Award Requiring Posting Of Pre-Hearing Security

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Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security.  Petitioner moved to confirm the...more

Carlton Fields

Court Upholds Arbitration Award Despite Challenge To Arbitrator’s Use Of Excluded Evidence

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Jersey Shore University Medical Center discharged a staff nurse employee for her actions when a female patient was assaulted by another patient in the nurse’s assigned work area. A labor organization that represents employees...more

Carlton Fields

Ninth Circuit Confirms Arbitration Award Challenged For Lack Of “Reasoned Opinion”

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Petitioner Daniel Olson brought an action in federal court seeking vacatur of an award against him in arbitration of an employment dispute. He challenged the arbitration award for lack of a “reasoned opinion” and failure of...more

Carlton Fields

Third Time’s The Charm: Eastern District Of Michigan Remands Arbitration Award For Failing To Allow Party To Present Evidence

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On motion to vacate an arbitration award, a Michigan federal court held that the award lacked fundamental fairness and remanded to the same arbitrator with instructions to allow Plaintiffs their “opportunity to present...more

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