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Results: 1-10 of 166

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

  • Locke Lord 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

  • Locke Lord 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

  • Locke Lord 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

  • Locke Lord 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

  • Locke Lord 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?

  • Locke Lord 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

New York federal court finds that arbitrator's resignation due to illness means that arbitration must start over from the beginning

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 9 2009

Insurance Company of North America and INA Reinsurance Company (“INA”) reinsured Public Service Mutual Insurance Company (“PSMIC”) pursuant to a series of excess of loss reinsurance contracts, effective from 1971 to 1986 (the “Reinsurance Contracts”

United States Solicitor General: the convention is not preempted by the McCarran-Ferguson Act

  • Locke Lord LLP
  • -
  • USA
  • -
  • September 24 2010

As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq

Reinsurer, and not court, should select replacement arbitrator

  • Locke Lord 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

  • Locke Lord LLP
  • -
  • USA
  • -
  • August 3 2011

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