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Second Circuit affirms contempt order in Kyivstar dispute

Jorden Burt LLP
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USA
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October 29 2009

In a companion opinion to the Second Circuit affirming the district court’s grant of a motion to confirm the final arbitral award in a dispute involving Kyivstar G.S.M. (“Kyivstar”), a Ukrainian mobile telecommunications company, the Second Circuit has affirmed the decision of the district court finding Storm LLC (“Storm”) and its corporate parents (collectively, the “Respondents”) in civil contempt for the failure to comply with the final arbitration award and denying the Respondents’ motion for an order to amend the contempt order to delay sanctions and eliminate the requirement that Storm deposit its shares of Kyivstar with the court to secure compliance with the award

Court denies motion to order deposition in Chicago for use in a private, foreign arbitration

Jorden Burt LLP
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USA
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October 28 2009

In connection with a train derailment in Graniteville, South Carolina, Norfolk Southern Corp., Norfolk Southern Railway Co., and General Security Insurance Co. (collectively, “movants”) sought an order to require the deposition in Chicago of the former counsel to ACE Bermuda Ltd. for use in a private arbitration in England

Thou shalt arbitrate: federal court enforces a biblically-based arbitration agreement

Jorden Burt LLP
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USA
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September 17 2009

In this case, the plaintiff brought suit against her former employer, Heritage Christian Schools, Inc. (“Heritage”), after being constructively discharged from her teaching position

Court denies motion to reopen case to add a bad faith claim

Jorden Burt LLP
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USA
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September 1 2009

The Tenth Circuit previously held that a revised state statute rendered the parties’ arbitration agreements enforceable, and, on remand, the Oklahoma district court compelled the parties to arbitrate their entire dispute

Arbitration award not subject to review while remedy issue is pending

Jorden Burt LLP
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USA
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August 20 2009

Prior to the parties remanding the case for the determination of a remedy, the American Postal Workers’ Union ("APWU") filed a complaint in federal court alleging that the United States Postal Service ("USPS") had not unequivocally stated it would comply with the award, which constituted a breach of the collective bargaining agreement

Various decisions with respect to arbitration awards

Jorden Burt LLP
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USA
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August 4 2009

Dauphin Precision Tool v. United Steelworkers of Am., No. 08-2598 (3d Cir. July 15, 2009) (affirming award, finding that the Appellant had neither made a clear showing of bias nor established a manifest disregard of the law

Arbitrator reappointed to panel after recovering from illness

Jorden Burt LLP
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USA
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August 3 2009

Six months after the Petitioners’ party-appointed arbitrator resigned from the three-person panel due to a cancer diagnosis requiring immediate and intensive treatment, the district court issued an Opinion and Order (the "Order") applying the Second Circuit’s general rule that when an arbitrator dies in the middle of a proceeding, the arbitration must commence anew

Arbitration of non-arbitrable claim ordered since it was collateral to an unpleaded arbitrable claim asserted as a set-off

Jorden Burt LLP
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USA
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July 23 2009

OrbitCom, Inc. (“OrbitCom”) brought suit against Qwest Communications Corp. (“Qwest”) seeking the recovery of telecommunications access fees

Arbitration panel’s order to sign security agreement affirmed

Jorden Burt LLP
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USA
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July 21 2009

After a coverage decision by the arbitration panel, the parties disagreed as to the terms of the security interest agreement as stated in the "Memo of Understanding"

ADR umpire has authority to determine enforceability of settlement agreement

Jorden Burt LLP
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USA
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July 2 2009

Constructamax, Inc. (“CMAX”), joined by Arch Insurance Company and Arch Reinsurance Company, filed a motion in federal district court to enforce a purported settlement agreement reached with Whitlock Mills LP (“Whitlock”) prior to the commencement of an Alternative Dispute Resolution (“ADR”) proceeding

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