News & Analysis as of

Waivers Arbitration Awards

Nelson Mullins Riley & Scarborough LLP

Arbitration Clauses as Separate Executory Contracts

This term, Supreme Court Justice Elena Kagan has authored a pair of opinions related to arbitration. The first of these decisions, Badgerow v. Walters, 20-1143, 142 S. Ct. 1310 (2022) came down on March 31, 2022, where...more

BakerHostetler

Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes

BakerHostetler on

Many arbitration agreements address the finality of any resulting award, with differing and sometimes vague language. A number of readers might assume that regardless of the agreement language, federal courts still retain...more

Carlton Fields

Southern District Concludes That Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator, Rejects Waiver Claim

Carlton Fields on

The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators...more

Obermayer Rebmann Maxwell & Hippel LLP

You’ve Got a Friend in Arbitration, Pennsylvania

Effective on July 1, 2019, Pennsylvania along with 18 other states adopted the Revised Uniform Arbitration Act (“RUAA”) which makes arbitration more user-friendly.  Over the years, arbitration has become an increasingly...more

Jaburg Wilk

Arizona Court of Appeals Holds Insured Waived Objections to UIM Arbitrator’s Alleged Partiality

Jaburg Wilk on

The Holding - In Fisher v. USAA Casualty Insurance Company, 2018 WL 3804114 (Ariz. App. Aug. 7, 2018), a case arising from an underinsured motorist (“UIM”) arbitration, the Arizona Court of Appeals affirmed the trial...more

Dechert LLP

Swiss Court affirms parties’ right to waive set-aside of arbitration award

Dechert LLP on

In a 17 October 2017 decision with significant implications for arbitration agreements between international parties, the Swiss Supreme Court held that the parties had validly waived their right to challenge an international...more

Clark Hill PLC

In 2016 the Texas Supreme Court Continues to Favor Arbitration

Clark Hill PLC on

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

Snell & Wilmer

Under Construction - December 2016

Snell & Wilmer on

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

K&L Gates LLP

Parties may not contractually waive judicial review of arbitral awards

K&L Gates LLP on

Introduction - In a recent award enforcement decision, the US Court of Appeals for the Ninth Circuit ruled that parties cannot contractually eliminate judicial review of arbitral awards under the US Federal Arbitration...more

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