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Manifest Disregard Arbitration Awards Breach of Contract

Carlton Fields

New York Federal Court Confirms Arbitration Award Where Plaintiff Offered No Grounds to Vacate, Modify, or Correct Award

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PB Life and Annuity Co. Ltd. brought this action seeking a declaratory judgment that a breach of contract dispute with Universal Life Insurance Co. was not subject to arbitration and must be litigated in federal or state...more

Carlton Fields

€643 Million Arbitration Award Was Within Arbitration Panel’s Power to Award and Not a Result of Manifest Disregard of the Law

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Precision Castparts Corp. purchased companies with manufacturing facilities in the United States and Germany for €800 million. After the sale closed, Precision discovered that the seller had “manipulated financial documents...more

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Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

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This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit and New York Appellate Division Decisions Affirm Pro-Arbitration Policies

• In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel manifestly disregarded the law. The Appellate Division...more

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

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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

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Eleventh Circuit Finds No Manifest Disregard Of The Law And Upholds Order Confirming Arbitration Award In Licensing Dispute

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The case involved a dispute between the owner of the Cabbage Patch Kids brand and related intellectual property (“CPK”), and licensee JAKKS Pacific, Inc., which had an exclusive license to use the brand and intellectual...more

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Second Circuit Affirms Arbitration Award Finding No Disregard Of Merger Agreement Or Manifest Disregard Of Delaware Law

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In a summary order, the Second Circuit affirmed a judgment confirming an arbitral award of damages for breach of a merger agreement between respondents Sirona Dental Systems, Inc. and Arges Imaging Inc. (“Sirona”) and...more

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Court Finds No Exceeding Of Powers Or Manifest Disregard Of The Law In Confirming Allegedly Speculative Arbitration Award

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This case concerned an agreement by which Clos La Chance Wines, Inc., a wine producer, appointed AV Brands, Inc., a wine importer and wholesaler, as the exclusive brand agent and distributor of its wine products for the...more

Carlton Fields

Court Confirms Arbitration Award, Rejecting Claim That Arbitrator Exceeded His Powers And Ignored The Law

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A court has confirmed an arbitration award of more than $8 million in damages, attorneys’ fees and costs against Sirona Dental Systems, Inc. and Arges Imaging Inc. (collectively “Respondents”) in favor of Petitioners, who...more

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District Court Recognizes The Viability Of Manifest Disregard Of Law Doctrine In The Second Circuit

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The Eastern District of New York recently denied plaintiff’s request to vacate an arbitration award in a contractual dispute between Incredible Foods Group, LLC, (“IFG”) and Unifoods, S.A. de C.V., (“UF”) over a shared...more

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