Search results

Order by most recent / most popular / relevance

Results: 1-10 of 27

Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration

Edwards Wildman Palmer LLP
-
USA
-
October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

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

Eleventh Circuit rules that party did not waive its right to arbitrate

Edwards Wildman Palmer LLP
-
USA
-
August 23 2010

In Citibank, N.A. v. Stok & Associates, P.A., No. 09-13556 (11th Cir. July 20, 2010), the United States Court of Appeals for the Eleventh Circuit ruled that a party did not waive its right to compel arbitration even though it initially participated in the court proceeding

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

U.S. Supreme Court refuses to hear dispute concerning preemptive effect of New York Convention on state law barring arbitration

Edwards Wildman Palmer LLP
-
USA
-
December 29 2010

In a case we have been following on www.insurereinsure.com, Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, the U.S. Supreme Court declined to grant certiorari to hear a dispute between an insurance pool and its reinsurer concerning whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") preempts a Louisiana statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

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

U.S. Supreme Court: ratification issue to be determined by judiciary, despite federal policy favoring arbitration of disputes

Edwards Wildman Palmer LLP
-
USA
-
September 23 2010

In Granite Rock Co. v. International Brotherhood of Teamsters et al., No. 08-1214 (2010) -- the United States Supreme Court held -- by a vote of seven to two -- that the issue of when and whether an arbitration agreement was ratified falls within the exclusive purview of the court, and not the arbitrator, if that determination concerns whether the parties’ intent was to submit the dispute at issue to arbitration

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."

Eighth Circuit rules on diversity jurisdiction for federal actions to compel arbitration

Edwards Wildman Palmer LLP
-
USA
-
August 26 2010

A decision of the Eighth Circuit Court of Appeals, Northport Health Services of Arkansas, LLC v. Rutherford, No. 09-2433 (8th Cir. 2010), recently held that diversity of citizenship jurisdiction in the context of a motion to compel arbitration under 4 of the Federal Arbitration Act (“FAA”) can be determined by looking at the citizenship of the parties named in the proceedings before the district court, plus any indispensible parties who must be joined

Federal district court finds that arbitrator lacks the authority to issue pre-hearing deposition subpoena to non-party under the Federal Arbitration Act

Edwards Wildman Palmer LLP
-
USA
-
August 31 2010

Helene Tomasian, a non-party to an arbitration between Ware and C.D. Peacock, Inc., moved to quash an arbitrator’s subpoena compelling her attendance at a pre-hearing deposition