Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...more
Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more
Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions...more
This week, the Court addresses whether the Federal Arbitration Act’s grounds for vacatur are available to challenge an arbitration award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards...more
On March 31, 2022, the US Supreme Court issued a significant decision in Badgerow v. Walters, No. 20-1143, ending a circuit split about when federal courts have subject matter jurisdiction to review domestic arbitration...more
The U.S. Supreme Court held March 31, 2022, that the Federal Arbitration Act (“FAA”) does not allow federal courts to “look through” to the dispute underlying an arbitration to establish jurisdiction to confirm or vacate an...more
The arbitration awards involved several agreements for the sale, lease, and maintenance of Imax theater systems in South and Central America and the Caribbean. The arbitral tribunal issued a partial final award, and then...more
“Class arbitration” signifies the utilization of the Fed.R.Civ.P. 23 protocol in an arbitration proceeding. A fundamental question among many concerning the legal viability of “class arbitration” is whether an arbitrator can...more
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
The First Circuit recently denied an appeal from the District of Puerto Rico’s refusal to vacate an arbitration award. The dispute centered on a management services agreement containing an arbitration agreement that required...more
Michael Miller (“Miller”) filed a petition to vacate an arbitration award against UBS Financial Services Inc. and UBS Credit Corp. (collectively “UBS”) claiming that “the award is unsound because two of the three arbitrators...more
Polsinelli recently defeated a motion to dismiss a client’s judicial review of an arbitration award, successfully arguing that adopted arbitration rules that waive appellate rights do not waive a party’s right to judicial...more
The Ninth Circuit affirmed the denial of a petition to vacate an arbitration award because the petition was filed one day late. ...more
The case involved an award in excess of $800,000 against a home designer and some affiliated companies for a renovation project that went bad. One of the affiliated companies brought an arbitration proceeding against the...more
In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10 of the Federal Arbitration Act...more
When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02...more
Lest we forget, many are the arbitrations that are subject to state arbitration law rather than the Federal Arbitration Act (“FAA”). And one should never underestimate the differences between those regimes. For example, under...more
Bass, Berry & Sims attorney Chris Lazarini provided insight about the timing of vacatur requests under the Federal Arbitration Act (FAA). In this case, citing the FAA, the court denied defendant's vacatur arguments for...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff sought to vacate an adverse arbitration award claiming the arbitration panel misbehaved and prejudiced his rights under the Federal Arbitration...more
We recently began a series of articles in which we ask whether “class arbitration” — meaning the utilization of a Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding — is ultimately viable,...more
A federal court confirmed an arbitration award, denying a motion to vacate where the movant failed to cite any basis for vacatur under section 10 of the Federal Arbitration Act (FAA). Instead, the movant sought vacatur of the...more
The Ninth Circuit, as a matter of first impression, ruled that the Federal Arbitration Act (“FAA”) is subject to equitable tolling. Plaintiff Move, Inc. (“Move”) moved to vacate an arbitration panel’s adverse decision,...more
The background of this case is as follows. CM South East Texas Houston LLC and South East Texas KCH Co. LLC (collectively, “CM South”) asserted breach of contract claims against CareMinders Home Care Inc. (“CareMinders”) and...more
The United States Court of Appeals for the Fifth Circuit recently confirmed an arbitration award in an underlying employment dispute, finding that the appellant failed to demonstrate that the award was the product of...more