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Results: 1-10 of 148

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
  • -
  • USA
  • -
  • 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"

U.S. Supreme Court rules that court lacks the authority to determine whether an arbitration agreement is unconscionable

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 21 2010

In Rent-A-Center, West, Inc., v. Antonio Jackson, the U.S. Supreme Court addressed the issue of whether, under the Federal Arbitration Act (“FAA”), a federal court has the authority to address a party’s claim that an arbitration agreement is unconscionable, where the agreement explicitly delegates that decision to the arbitrator

Second Circuit determines party waived its right to arbitrate

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 13 2010

Recently, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s ruling denying the motion of plaintiffs-appellants (collectively “LSED”) to compel arbitration of a dispute with Merrill Lynch, Pierce, Fenner & Smith Inc. (“MLPFS”), finding that LSED waived its right to arbitrate by litigating the case for nearly a year before filing its motion

Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 2 2010

National Union Fire Insurance Company of Pittsburgh, PA entered into a reinsurance treaty with Odyssey America Reinsurance Corporation, which contained an arbitration clause

Supreme Court holds class-arbitration waiver enforceable

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • May 1 2011

On April 27, 2011, the United States Supreme Court released its ruling in AT&T Mobility LLC v. Concepcion, No. 09-893

Does the arbitration provision in your web site terms of use need an update?

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 10 2009

One of the largest U.S. administrators of consumer arbitrations, the National Arbitration Forum ("NAF"), recently announced that it will stop administering consumer arbitration disputes as part of a settlement agreement with the Minnesota Attorney General's Office

Reinsurer, and not court, should select replacement arbitrator

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 13 2011

A New York federal court recently held that a reinsurer, and not the court, had the authority to appoint a replacement arbitrator, even though the reinsurance agreement at issue did not specify a method to do so

Arbitrators’ award of attorneys’ fees upheld

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 3 2011

International Capital & Management Company arbitrated a dispute against Bear Stearns before the Financial Industry Regulatory Authority (“FINRA”

New York federal court finds that the Republic of Iraq cannot arbitrate claims related to United Nations “oil-for-food” scandal based upon third-party beneficiary status

  • Edwards Wildman Palmer LLP
  • -
  • Iraq, USA
  • -
  • April 20 2011

The Republic of Iraq moved to compel arbitration of its lawsuit against BNP Paribas pursuant to an arbitration clause in a contract between the United Nations and BNP

Non-party discovery in reinsurance arbitrations

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 9 2009

A reinsurance transaction often involves many individuals or entities who are not parties to the reinsurance contract itself