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Did Hall Street eliminate manifest disregard of the law as a valid basis for vacating or modifying arbitration awards? A 2008 summary of conflicting decisions

Edwards Wildman Palmer LLP
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USA
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January 14 2009

This past year we’ve followed the U.S. Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989 (U.S. Mar. 25, 2008), and whether courts have interpreted it as eliminating the doctrine of manifest disregard of the law, a judicially-created concept that provides parties with a basis for challenging an arbitration award beyond those grounds enumerated in the Federal Arbitration Act (“FAA”

Federal court denies reinsurer's motion to enforce confidentiality order, vacate arbitration award

Edwards Wildman Palmer LLP
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USA
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February 26 2008

Recently, in Nationwide Mutual Ins. Co. v. Randall & Quilter Reinsurance Co., No. C2-07-120 (S.D. Ohio, Jan. 24, 2008), the U.S. District Court for the Southern District of Ohio examined the scope of a court’s authority to confirm arbitration awards and orders under Section 9 of the Federal Arbitration Act ("FAA"

UK High Court dismisses application to set aside order in favour of Monegasque reinsurer enforcing New York Convention arbitration award

Edwards Wildman Palmer LLP
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United Kingdom
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February 27 2008

In Gater Assets Ltd v Nak Naftogaz Ukrainiy 2008 EWHC 237 (Comm), the applicant company, Nak Naftogaz Ukrainiy (NNU), applied to set aside an order permitting Gater Assets Ltd (Gater) to enforce as a judgment a New York Convention arbitration award issued by the International Commercial Arbitration Court of Moscow

Court considers its supervisory powers over arbitration

Edwards Wildman Palmer LLP
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United Kingdom
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January 23 2009

In John Foster Emmott (Emmott) v. Michael Wilson & Partners Limited (MWP) 2009 EWHC 1 (Comm) the Court had to consider two applications brought by Emmott pursuant to the Arbitration Act 1996 (AA): (1) for an order requiring MWP to comply with a peremptory order (an order to do something within a particular time period) made by an arbitration tribunal (section 42 AA); (2) for a freezing order (section 44 AA

SCOR to arbitrate reinsurance dispute with World Trade Center insurer

Edwards Wildman Palmer LLP
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USA
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June 4 2007

It didn't take long for reinsurance disputes to arise from the recent $2 billion settlement between insurers of the World Trade Center and leaseholders of Silverstein Properties, Inc., that was announced on May 23

New York court compels nonparty discovery in arbitration

Edwards Wildman Palmer LLP
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USA
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June 11 2007

A recent decision from the Southern District of New York represents yet another example of courts recognizing the broad powers conferred on arbitrators under the Federal Arbitration Act ("FAA") with respect to compelling prehearing discovery from a nonparty to arbitration

Federal court dismisses petition to vacate arbitration award for lack of subject matter jurisdiction, but recognizes viability of manifest disregard of the law

Edwards Wildman Palmer LLP
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USA
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February 2 2009

Plaintiff Newton & Associates, L.L.C. ("Newton") petitioned the U.S. District Court for the Eastern District of Louisiana pursuant to Section 10 of the Federal Arbitration Act ("FAA") to vacate an arbitration award in favor of defendant Sandra R. Sanchez ("Sanchez"

Court refers ambiguity over structure of arbitration and selection of arbitrators to the panel

Edwards Wildman Palmer LLP
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USA
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March 7 2008

A federal district court recently held that an ambiguity in a reinsurance contract’s arbitration provision regarding the structure of the arbitration and selection of arbitrators was for the arbitrators, not the court, to decide

The English Court of Appeal considers the confidentiality of documents disclosed in an arbitration

Edwards Wildman Palmer LLP
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United Kingdom
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March 14 2008

The issue in Michael Wilson Partners Ltd v John Forster Emmott 2008 EWCA Civ 184 was whether Mr Justice Flaux, at first instance, had acted correctly in authorising the disclosure, for the purposes of proceedings in New South Wales and the British Virgin Islands, of documents generated in an English arbitration

Industry users and reinsurance arbitrators

Edwards Wildman Palmer LLP
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USA
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March 6 2008

Industry users of arbitration services have expressed dissatisfaction in the context of smaller disputes, those in the range of $100,000 to $750,000

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Search results

Did Hall Street eliminate manifest disregard of the law as a valid basis for vacating or modifying arbitration awards? A 2008 summary of conflicting decisions

Federal court denies reinsurer's motion to enforce confidentiality order, vacate arbitration award

UK High Court dismisses application to set aside order in favour of Monegasque reinsurer enforcing New York Convention arbitration award

Court considers its supervisory powers over arbitration

SCOR to arbitrate reinsurance dispute with World Trade Center insurer

New York court compels nonparty discovery in arbitration

Federal court dismisses petition to vacate arbitration award for lack of subject matter jurisdiction, but recognizes viability of manifest disregard of the law

Court refers ambiguity over structure of arbitration and selection of arbitrators to the panel

The English Court of Appeal considers the confidentiality of documents disclosed in an arbitration

Industry users and reinsurance arbitrators

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