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New York district court recognizes continued viability of manifest disregard of the law in the Second Circuit

Edwards Wildman Palmer LLP
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USA
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October 5 2009

Idea Nuova, Inc. moved in the U.S. District Court for the Southern District of New York to vacate or modify an arbitration award issued in favor of GM Licensing Group, Inc

AIRROC launches expedited binding arbitration procedure for small claims

Edwards Wildman Palmer LLP
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USA
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October 9 2009

The Association of Insurance and Reinsurance Run-Off Companies ("AIRROC") has announced the formal launch of the Dispute Resolution Procedure ("DRP"), an expedited binding arbitration procedure especially designed for small and less-complicated claims

Fifth Circuit finds that manifest disregard of the law has been abrogated by Hall Street

Edwards Wildman Palmer LLP
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USA
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October 29 2009

In a departure from recent rulings by other federal circuit courts on this issue, the U.S. Court of Appeals for the Fifth Circuit has held that manifest disregard of the law is no longer a valid basis for vacating arbitration awards under the Federal Arbitration Act ("FAA"

U.S. Supreme Court denies certiorari for three cases concerning manifest disregard of the law

Edwards Wildman Palmer LLP
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USA
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October 28 2009

On October 5, 2009, the U.S. Supreme Court denied writs of certiorari in three cases that examined whether manifest disregard of the law remains a valid basis for challenging arbitration awards in light of the Court's decision last year in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008

Southern District of New York confirms arbitration award dismissing fraud claims on summary judgment

Edwards Wildman Palmer LLP
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USA
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November 3 2009

In a recent decision of the United States District Court for the Southern District of New York, TIG Ins. Co. v. Global Int’l Reins. Co., Ltd., No. 09 Civ. 1289 (Aug. 7, 2009), the court ruled that an arbitrator’s decision to ignore certain evidence is not a proper ground for vacating an arbitration award

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

Edwards Wildman Palmer LLP
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USA
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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”

Delaware court: right to advancement of defense costs for defamation suit can be modified based on changes in factual circumstances

Edwards Wildman Palmer LLP
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USA
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July 28 2009

In a short letter-to-counsel opinion, Vice Chancellor John Noble of the Delaware Chancery Court held that a prior order granting advancement to two officers and directors can be modified based on changes in factual circumstances

Sixth Circuit: insurer that defended insured in state court action need not defend insured in subsequent related arbitration; wording of arbitration claim precludes coverage

Edwards Wildman Palmer LLP
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USA
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July 29 2009

Earlier this month, the Sixth Circuit affirmed a district court decision granting summary judgment to a professional liability insurer where it provided a defense in a state court action but denied coverage in a subsequent related arbitration

Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending

Edwards Wildman Palmer LLP
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USA
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December 15 2009

Plaintiff China National Chartering Corp. (“CNCC”) petitioned the U.S. District Court for the Southern District of New York to confirm an arbitration award rendered in its favor against defendant Pactrans Air & Sea, Inc. (“Pactrans”) by the China Maritime Arbitration Commission (“CMAC”

Fifth Circuit affirms denial of request for discovery for use in a private international arbitration proceeding pursuant to 28 U.S.C. 1782

Edwards Wildman Palmer LLP
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USA
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September 2 2009

In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. 1782 for discovery for use in a private international arbitration proceeding