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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"

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

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

US Supreme Court closes off an avenue to challenge flawed arbitration decisions

Edwards Wildman Palmer LLP
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USA
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April 17 2008

As employers with a mandatory arbitration program gain experience arbitrating employment law claims, they have not only enjoyed arbitration’s potent advantages, such as reduced cost and quicker conflict resolution, but also endured some of its disadvantages

New York Federal Court compels party to arbitrate, despite the fact that party claimed to be a nonsignatory to the relevant arbitration agreement

Edwards Wildman Palmer LLP
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USA
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May 19 2009

Utopia Studios, Ltd., a New York corporation, retained Earth Tech, Inc., a California corporation with offices worldwide, to provide engineering and consulting services in connection with the development of a property

Credit Suisse ordered to pay $400 million in auction rate securities case

Edwards Wildman Palmer LLP
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USA
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February 18 2009

Without making specific findings of fact, a FINRA arbitration panel ordered that broker-dealer Credit Suisse (USA) LLC must pay claimant STMicroelectronics more than $400 million in compensatory damages and $6.5 million in fees and costs to resolve a claim by the semiconductor maker that it violated Section 10(b) of the 1934 Securities Exchange Act and SEC Rule 10b-5

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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

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

Industry users and reinsurance arbitrators

US Supreme Court closes off an avenue to challenge flawed arbitration decisions

New York Federal Court compels party to arbitrate, despite the fact that party claimed to be a nonsignatory to the relevant arbitration agreement

Credit Suisse ordered to pay $400 million in auction rate securities case

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