News & Analysis as of

Motion to Vacate Arbitration Award Challenges

Carlton Fields

Second Circuit Affirms Denial of NFL Player’s Petition to Vacate Arbitration Award, Rejecting Arguments of Harm Caused by Failure...

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The case was brought by Philadelphia Eagles offensive tackle David Lane Johnson against the NFL Players Association, the NFL, and the NFL Management Council related to a 10-game suspension for using performance-enhancing...more

Carlton Fields

Pennsylvania Court Finds Respondent’s “Different Reading” of Arbitration Award Need Not Be Raised in a Timely Motion to Vacate,...

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Middletown Water Joint Venture LLC sought confirmation of an arbitration award finding it had a contractual right to charge the borough of Middletown for certain types of work and enjoining the borough from taking any action...more

Carlton Fields

District Court of Maryland Denies Motion to Dismiss Petition to Vacate Arbitration Award

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The petitioner filed a complaint seeking to vacate an arbitration award, and the respondents moved to dismiss. Despite “the deferential standard of review” given to arbitration awards and the petitioner’s “significantly...more

Carlton Fields

First Circuit Refuses to Vacate Arbitration Award Following Stock Dispute

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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

Fifth Circuit Affirms Arbitration Award and Finds Panel Was Fairly Constituted and Did Not Award Punitive Damages

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In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing...more

Carlton Fields

Third Circuit Affirms District Court Decision to Vacate Arbitration Award

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This case arises out of a dispute over a provision of a collective bargaining agreement entered into between Monongahela Valley Hospital Inc. and its employee, who was represented in the action by United Steel, Paper and...more

Bilzin Sumberg

11th Circuit Ruling Strenuously Protects Arbitration Pacts

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The Federal Arbitration Act does not preclude a court challenge to an arbitration award. The FAA, however, does establish very limited grounds for vacatur of arbitration awards. The U.S. Court of Appeals for the Eleventh...more

Carlton Fields

New York Federal Court Rejects Attempt To Vacate Arbitration Award Related To Theft Of Corporate Assets

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A New York federal court recently confirmed an arbitration award related to the alleged theft of more than $100 million from a Luxembourg company, SLS Capital. SLS’s liquidator in bankruptcy court then initiated a FINRA...more

Troutman Pepper

Arbitration Award Ruling That, Because of Cultural Differences, a Local Afghan Subcontractor Is Not Bound by the F.A.R. Provisions...

Troutman Pepper on

Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors, LLC, No. 17-cv-00224-YGR, 2017 U.S. Dist. LEXIS 111767, at *10-12 (N.D. Cal. July 18, 2017) - This matter came before the Court on a motion to vacate a final...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Application of Inter-American Convention on International Commercial Arbitration

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Bass, Berry & Sims attorney Chris Lazarini discussed a case involving an international family dispute over the holdings in a brokerage account. In this instance, the primary owner of the account – a mother living in Columbia...more

Proskauer - Minding Your Business

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

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