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Results: 1-10 of 148

The Supreme Court rules that courts must honor an arbitrator’s construction of contractual language in favor of class arbitration, “however good, bad, or ugly”

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 14 2013

In Oxford Health Plans LLC v. Sutter, 569 U.S. ____ (2013), the Supreme Court all but ordered the federal courts to not decide whether one person can

U.S. District Court for the Southern District of New York confirms arbitration award

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 4 2009

In a recent decision of the United Stated District Court for the Southern District of New York, Global Int’l Reinsurance Co. v. TIG Ins. Co., 08 Civ. 7338 (JSR) (S.D.N.Y. Jan 20, 2009), the court granted a cedent’s petition to confirm an arbitration award and denied a reinsurer’s motion to vacate the award in part

Court finds that arbitration award is not final for purposes of review under the FAA

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 15 2009

Petitioners Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (“Mitsubishi”) moved to vacate a partial arbitration award entered by the International Centre for Dispute Resolution in favor of Respondent Stone & Webster, Inc. (“Stone & Webster”

Federal court finds that treaty’s consolidation language is for arbitrators to interpret

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 29 2011

Munich Reinsurance America was reinsured under a treaty in which National Casualty Corporation and Employers Insurance Company of Wausau, among others, participated as reinsurers

U.S. Supreme Court finds that a nonsignatory to an arbitration agreement may invoke Section 3 of the FAA to stay an action in favor of arbitration, and is entitled to an interlocutory appeal of an order denying such a motion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 2 2009

Certain entities ("Petitioners") provided Respondents with advice to minimize taxes from the sale of their company

US Supreme Court rejects expanded judicial review of arbitration awards

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 7 2008

In a much anticipated decision, the US Supreme Court recently held that the Federal Arbitration Act’s (“FAA”) statutory grounds for vacating and modifying arbitration awards are “exclusive,” and thus cannot be expanded, even if expressly agreed upon by the arbitrating parties

Arbitration prevails: US Supreme Court holds that Federal Arbitration Act supersedes state law vesting another forum with jurisdiction over a dispute

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 7 2008

Consistent with the strong federal policy favoring the enforcement of arbitration agreements, the United States Supreme Court recently held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act ("FAA") supersedes state laws lodging primary jurisdiction in another forum

U.S. Court of Appeals for the Tenth Circuit finds that arbitration agreements in reinsurance contracts are enforceable under Oklahoma law

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 30 2009

General Reinsurance Corporation ("Gen Re") reinsured certain commercial excess liability policies issued by Mid-Continent Casualty Company ("Mid-Continent"

No right to New York review of arbitration decision under Bermuda form arbitration clause

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom, USA
  • -
  • August 10 2007

A recent ruling from the English Commercial Court illuminates one risk with the use of the Bermuda form arbitration clause: if the losing party is dissatisfied with the arbitration result, it may not be permitted to challenge the result under New York law in a New York court, but may instead be limited to challenging the arbitration award under English law in an English court

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