News & Analysis as of

Manifest Disregard Motion to Vacate

Carlton Fields

Vacation of Arbitration Award for Manifest Disregard of the Law Is “Exceedingly Rare,” Requires “Egregious Impropriety”

Carlton Fields on

The U.S. District Court for the Southern District of New York denied a petition to vacate a $65 million arbitration award based on the petitioner’s argument that the arbitrator’s decision was in “manifest disregard of the...more

Carlton Fields

First Circuit Refuses to Vacate Arbitration Award Following Stock Dispute

Carlton Fields on

The First Circuit recently denied a corporation’s numerous arguments seeking to vacate an arbitration award in favor of the individual who sold an entity to the corporation. The court’s decision reflected the narrow review of...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on

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

Carlton Fields

U.S. District Court for the District of Maryland Confirms Arbitration Award

Carlton Fields on

Plaintiff David Balch entered into a contract with Oracle Corp. to close a large government contract known as the “Mega Deal.” After closing the Mega Deal, Balch received a bonus that was less than he believed he was owed....more

Carlton Fields

District Court Confirms $220 Million Award, Finds No Manifest Disregard of Law

Carlton Fields on

The Seneca Nation of Indians moved under Section 10 of the Federal Arbitration Act (FAA) to vacate certain arbitration awards issued in favor of the state of New York, finding that Seneca must pay the state millions in...more

Carlton Fields

Court Confirms Arbitration Award as Not in Manifest Disregard of the Law

Carlton Fields on

Metso Minerals Canada Inc. and Metso Minerals Industries Inc. entered into a contract with ArcelorMittal Exploitation Miniere Canada and ArcelorMittal Canada Inc. to supply a specialized mill to a mining mill that...more

Carlton Fields

Court Denies Motion to Set Aside Confirmation of Arbitration Award, Rejecting Arguments of Excusable Neglect, Manifest Disregard...

Carlton Fields on

The case involved a dispute over an automobile equipment supply contract. The parties’ disagreement was arbitrated, and the prevailing party filed in federal court for confirmation of the award. The supplier, after losing the...more

Carlton Fields

Southern District of New York Holds That Arbitrator’s Refusal to Postpone Hearing and Consider Witnesses Not “Misconduct”...

Carlton Fields on

The petitioner moved to confirm an arbitration award, and the respondent cross-moved to vacate, claiming the arbitrator was guilty of misconduct in refusing to postpone the hearing upon the unexpected passing of a witness’...more

Carlton Fields

Court Confirms Arbitration Award Under FAA’s Strong Presumption in Favor of Such Awards

Carlton Fields on

This case arises from a dispute over the parties’ obligations under several oil and gas leases. The parties engaged in an arbitration pursuant to an arbitration agreement. The arbitration panel entered awards in favor of...more

Carlton Fields

District of Idaho Rejects Challenges to Arbitration Award

Carlton Fields on

The defendant sought to vacate an arbitration award on the basis of arbitrator misconduct and manifest disregard of the law or, in the alternative, modification of the award....more

Carlton Fields

Court Finds Panel Did Not Manifestly Disregard Law When It Entered FINRA Award In Favor Of Investment Firm And Advisors In Dispute...

Carlton Fields on

The widow of a former NFL football player sued the player’s sports agent and financial adviser, alleging that the former player was defrauded by the agent in connection with the loss of the proceeds of the player’s life...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

Carlton Fields

District Court Vacates Award Based On Violation Of FINRA Rules For Manifest Disregard Of The Law

Carlton Fields on

A district court has decided against giving an arbitration panel a third chance to get it right after the court found that the panel manifestly disregarded the law in its initial and modified arbitration awards....more

Farrell Fritz, P.C.

Those Seeking to Vacate An Arbitration Award Face An Uphill Battle

Farrell Fritz, P.C. on

You’ve just represented a client in an arbitration proceeding…and lost. The client wants to “appeal” the decision. Now what? The only remedy your client has is to request that the court vacate or modify the arbitration award....more

Troutman Pepper

NY Appellate Court Weakens 'Manifest Disregard' Exception to Arbitration Enforcement

Troutman Pepper on

A closely followed New York trial court decision in favor of the “manifest disregard” standard for vacating arbitral awards was recently reversed by the New York Supreme Court Appellate Division in In re Daesang Corp. v. The...more

Carlton Fields

Second Circuit Rejects Manifest Disregard Of Law As A Basis For Vacating An Arbitration Award

Carlton Fields on

A panel of the Second Circuit has, in an unpublished summary order, emphasized the high bar that must be cleared by a party seeking to vacate an arbitration award. The matter arose from the decision of a financial advisor...more

Carlton Fields

California Federal Court Confirms Arbitration Award Benefitting Third-Party

Carlton Fields on

The U.S. District Court for the Northern District of California denied a petitioner’s motion to vacate an arbitration award on the grounds of the award being “irrational and illogical,” erroneous, and that the arbitrator...more

Carlton Fields

Franchisees Lose Bid To Vacate Arbitration Award Enforcing Non-Compete Clause Despite Claim That Arbitrator Manifestly Disregarded...

Carlton Fields on

A set of former franchisees are prohibited from violating the terms of a non-compete clause with franchisor Wild Bird Centers of America (“WBCA”) for two years after the Fourth Circuit recently upheld the denial of their...more

Carlton Fields

District Of Colorado Affirms FINRA Arbitration Award

Carlton Fields on

A Colorado federal court affirmed a FINRA arbitration award, despite a cross-motion to vacate the award on the bases of alleged panel misconduct; exceeding its powers; manifest disregard of the law; and that the award did not...more

Carlton Fields

Appellate Court Upholds Arbitration Award In Face Of Manifest Disregard Of Law And Public Policy Arguments

Carlton Fields on

An arbitration panel entered an award in a legal malpractice matter in favor of the claimant and the attorneys and law firm moved to vacate the award. The district court denied the motion to vacate, and the Ninth Circuit...more

Bradley Arant Boult Cummings LLP

So You’re Telling Me There’s a Chance: Vacatur of AAA Arbitration Awards in North Carolina - IADC Business Litigation Committee...

As the optimistic wisdom of Dumb & Dumber’s Lloyd Christmas instructs, the chances of winning a motion to vacate an arbitration award may be “one in a million” . . . but “there’s a chance.” Originally published in IADC...more

Carlton Fields

Sixth Circuit Affirms Finding Arbitrator Had Reasonable Basis To Deny Wage Discrimination Claim

Carlton Fields on

Plaintiff raised three arguments in support of her motion to vacate an arbitration award: “(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final, and definite award upon her claims was...more

Carlton Fields

Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff

Carlton Fields on

Last month the Southern District of New York granted DCH Auto Group’s motion to confirm a favorable arbitral decision dismissing a pro se plaintiff’s arbitration with prejudice, over a host of different challenges seeking...more

Carlton Fields

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

Carlton Fields on

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

Carlton Fields

Ninth Circuit Affirms California District Court’s Confirmation Of Arbitration Award

Carlton Fields on

In this matter, a California district court confirmed an arbitration award in favor of D.A.R.E. America, and denied a motion to vacate the arbitration award by D.A.R.E. New Jersey, Inc. D.A.R.E. New Jersey, Inc. appealed to...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide