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Court affirms ruling that the issue of arbitrability is reserved for the arbitration panel

Jorden Burt LLP
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USA
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May 27 2010

On November 30, 2009, we reported on a state appellate court ruling that the arbitration panel had the power to rule on its own jurisdiction, pursuant to the American Arbitration Association rules incorporated into the parties' agreement

Second Circuit grants motion to stay pending appeal of decision vacating order that an arbitration must commence anew

Jorden Burt LLP
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USA
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April 15 2010

On August 3, 2009, we reported on a district court vacating its prior order that the arbitration must commence anew and reappointing an arbitrator to the panel after the arbitrator's health improved

First Circuit to district court: clarify your position on how the arbitration should proceed

Jorden Burt LLP
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USA
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April 13 2010

In this dispute, the First Circuit previously reversed the confirmation of an arbitration award concluding that the award was in manifest disregard of law and remanded the case for the entry of an order vacating the award

First Circuit clarifies standard of review, concludes that agreement mandates arbitration

Jorden Burt LLP
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USA
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March 29 2010

In this dispute between two parties to a joint venture agreement, one party filed a lawsuit and the other submitted an arbitration demand

Arbitration award confirmed where arbitrator relied on the same contractual provisions to deny damages for one claim and award damages for another claim

Jorden Burt LLP
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USA
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March 16 2010

This dispute concerns sales commissions allegedly owed to three employees of Umpqua Bank ("Umpqua") pursuant to a third-party brokerage agreement (the "Agreement") between Umpqua and Woodbury Financial Services

Fourth Circuit affirms vacatur of arbitration award against financial services company

Jorden Burt LLP
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USA
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March 4 2010

In 2005, three financial advisors filed a consolidated arbitration demand against Raymond James Financial Services, Inc. (“Raymond James”) seeking damages related to the alleged wrongful termination of the advisors’ affiliations with Raymond James

Court denies motion to vacate arbitrator’s decision that class arbitration is not prohibited by the arbitration agreement

Jorden Burt LLP
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USA
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February 18 2010

In this class action brought by current and former female employees of Sterling Jewelers, Inc. (“Sterling”), Sterling moved to vacate the arbitrator’s decision that class arbitration is not prohibited by the arbitration agreement or, in the alternative, to stay the arbitration proceedings

Court rules Nebraska arbitration law reverse-preempts the Federal Arbitration Act pursuant to the McCarran-Ferguson Act

Jorden Burt LLP
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USA
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February 4 2010

Along with an insurance policy, the parties previously entered into an administration agreement that obligated the defendant to reimburse the plaintiff for claims made under extended warranty contracts

A short summary of recent arbitration decisions

Jorden Burt LLP
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USA
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January 20 2010

This post briefly summarizes circuit and district courts’ recent decisions concerning arbitration awards, none of which vacate an award

Plaintiffs ordered to submit fraud claims to arbitration in Bermuda

Jorden Burt LLP
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USA
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November 24 2009

In October, 2007, Alternative Re Holdings Ltd. (“ARH”) commenced separate arbitrations in Bermuda against each of the plaintiffs seeking funds pursuant to Shareholder Agreements

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