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Results: 1-10 of 35

New York state court decision raises issues concerning the drafting of arbitration clauses

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 20 2010

By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws

Connecticut state court finds that a court is permitted to remand an arbitration award to panel for clarification post-Hall Street

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 18 2010

Plaintiff Hartford Steam Boiler Inspection and Insurance Company ("Hartford") appealed a decision permitting a court to remand a dispute over an arbitral award to the arbitration panel for clarification of that award

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

Third Circuit rules that clear and unambiguous intent is required to opt out of the removal provision and vacatur standards of the FAA and convention

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 4 2010

A recent decision of the Third Circuit Court of Appeals, Ario, Insurance Commissioner of the Commonwealth of Pennsylvania, in his official capacity as the statutory liquidator of Legion Insurance Company (in liquidation) v. The Underwriting Members of Syndicate 53 at Lloyd’s for the 1998 Year of Account, No. 09-1921, 09-2989 and 09-2991 (3d Cir. 2010), involved a dispute between the Liquidator of Legion and Villanova, as cedents, and The Underwriting Members of Syndicate 53 at Lloyd’s for the 1998 Year of Account, as reinsurers, which concerned whether the cedents had properly underwrote the business described in the reinsurance placement materials

New Jersey federal court finds that arbitration award was not in manifest disregard of the law

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 25 2010

Plaintiff moved to vacate an arbitration award issued in favor of defendant Stroehmann Bakers on the grounds that, among other things, the arbitrator's decision was in "manifest disregard of the law."

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

  • Edwards Wildman Palmer 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

Ninth Circuit reverses district court’s vacatur of arbitration award

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 5 2010

Zev Lagstein, M.D. filed a claim for benefits under a disability policy issued by Certain Underwriters at Lloyd’s London (“Lloyd’s”) after he developed heart disease and other ailments

Second Circuit affirms district court’s decision to reappoint arbitrator who had resigned

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 24 2010

Yesterday, the Second Circuit affirmed a district court's decision in which the court held that an arbitrator who had previously resigned was able to rejoin the arbitration panel