News & Analysis as of

Lack of Jurisdiction Arbitration

Ballard Spahr LLP

SCOTUS: District court must stay, not dismiss, action when compelling arbitration

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The U.S. Supreme Court has held unanimously in Smith v. Spizzirri that when a district court finds that a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceedings pending arbitration,...more

Mayer Brown

Singapore: Arbitrator Found Functus Officio for Failing to Make Express Reservation of Jurisdiction in Final Award

Mayer Brown on

The Singapore Court of Appeal has released its grounds for deciding that an arbitrator was functus officio with no jurisdiction to issue a further award in Voltas Ltd v. York International Pte Ltd [2024] SGCA 12....more

Carlton Fields

Eleventh Circuit Dismisses Appeal From Order Compelling Arbitration and Staying Case for Lack of Jurisdiction

Carlton Fields on

The Eleventh Circuit Court of Appeals dismissed, sua sponte, a district court order that granted defendant Trina Solar (U.S.) Inc.’s motion to compel arbitration and stay the underlying case. The court did not address the...more

Carlton Fields

Eleventh Circuit Affirms Confirmation of Arbitration Award Over Claims of Fraud, AAA Rule-Breaking, and Lack of Jurisdiction

Carlton Fields on

The Eleventh Circuit recently affirmed the confirmation of an arbitration award in a dispute involving a contract to obtain signatures for a Florida solar energy ballot initiative over claims that the prevailing party engaged...more

Carlton Fields

Ninth Circuit Affirms Summary Judgment in Favor of Boeing and District Court’s Application of Swedish and U.K. Law

Carlton Fields on

The parties entered into a joint venture to launch commercial satellites into space from an ocean platform, which venture ultimately failed. As a result of certain guarantees, Boeing paid $449 million to cover loans made to...more

Carlton Fields

SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionable

Carlton Fields on

The Southern District of New York granted a motion to compel arbitration of an employment dispute between the petitioners and the respondent. The petitioners also filed a motion to dismiss or stay a concurrent proceeding that...more

Carlton Fields

Ninth Circuit Reverses Dismissal of Case Involving Foreign Arbitration Award Based on Comity for French Appellate Ruling and Quasi...

Carlton Fields on

The parties entered into a contract under which the plaintiff Cerner Middle East Limited would provide hardware, software, and services to iCapital S/E to facilitate iCapital’s fulfillment of a contract that it had been...more

UB Greensfelder LLP

A Fish Out Of Water? A Futures Clearing Firm In A FINRA Arbitration

UB Greensfelder LLP on

I have previously written about issues uniquely affecting individuals who are dually registered as securities representatives (Series 7) and commodities associated persons (Series 3). In an Opinion and Order issued June 4,...more

Carlton Fields

Ninth Circuit Dismisses Interlocutory Appeal, Finds Order Compelling Arbitration Not a “Final Decision” Under FAA

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The plaintiff filed a putative class action for alleged violations of California employment law, and the defendant moved to compel arbitration....more

Troutman Pepper

The Doctrine Of Arbitral Immunity Applied To An Arbitral Organization Absent A Showing Of Clear Lack Of Jurisdiction

Troutman Pepper on

Univ. of Iowa Bd. of Regents v. Am. Arbitration Ass’n, No. 17-0949, 2019 BL 7069 (Iowa Ct. App. Jan. 09, 2019) - Modern Piping, Inc. (“Modern Piping”) and the University of Iowa, Board of Regents, and State of Iowa...more

Carlton Fields

Sixth Circuit Finds It Lacks Jurisdiction Over Dispute Regarding Proper Forum For Settlement Of Fee Dispute

Carlton Fields on

A dispute regarding attorney Steven Johnson’s right to fees from William Drake, an individual who hired Johnson to pursue a product liability claim, was made considerably more complicated by conflicting forum provisions in a...more

Troutman Pepper

Although Texas Statute Expressly Allows An Immediate Interlocutory Appeal Of Any Decision Granting Or Denying A Motion To Dismiss...

Troutman Pepper on

SM Architects, PLLC v. AMX Veteran Specialty Servs., LLC, 2018 Tex. App. LEXIS 9203 (November 8, 2018) - AMX Veteran Specialty Services, LLC (“AMX”) filed a demand for arbitration alleging professional negligence against...more

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