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Second Circuit finds that petition to compel arbitration cannot be voluntarily dismissed

Katten Muchin Rosenman LLP
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USA
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August 3 2012

The U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s vacatur of a petitioner’s voluntary notice of dismissal of a petition to compel arbitration

Idaho district court holds that arbitration requirement is subject to limited judicial review

Katten Muchin Rosenman LLP
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USA
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May 4 2012

The United States District Court for the District of Idaho held that, under Ninth Circuit law, an arbitration award is judicially reviewable under the Federal Arbitration Act even where the arbitration agreement at issue contained language describing the arbitrator’s award as “final and binding” and not subject to appeal

Defendant waived arbitration rights by failing to assert affirmative defense

Katten Muchin Rosenman LLP
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USA
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February 20 2009

Customers of NECC Telecom (NECC), a telephone service provider, brought an action against NECC asserting, among other things, violations of the Federal Communications Act of 1934 and the Federal Communications Commission's Truth-in-Billing Act

Arbitration clause in one agreement governed dispute under related agreement

Katten Muchin Rosenman LLP
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USA
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March 7 2008

Plaintiff sued defendants for, among other things, securities fraud in connection with its purchase of an unregistered security in one of the defendant limited liability companies (LLC

FINRA requests comments on proposed changes to Forms U4 and U5

Katten Muchin Rosenman LLP
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USA
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May 2 2008

The Financial Industry Regulatory Authority (FINRA) has proposed for comment changes to registration Forms U4 and U5

Arbitration provision upheld despite competing agreements

Katten Muchin Rosenman LLP
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USA
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October 2 2009

The District Court for the Western District of Pennsylvania compelled arbitration of investors’ claims based on an arbitration provision in subscription agreements despite the fact that the limited partnership agreement, which included an integration clause, contained no arbitration clause

SEC considers arbitration policy

Katten Muchin Rosenman LLP
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USA
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April 20 2007

On April 16, the Wall Street Journal reported that the Securities and Exchange Commission is currently exploring a new policy that would permit companies to resolve shareholder complaints through arbitration, presumably limiting class actions

Arbitration award vacated due to “manifest disregard” of controlling law

Katten Muchin Rosenman LLP
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USA
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April 13 2007

Finding that an arbitrator manifestly disregarded the express terms of a collective bargaining agreement which governed a labor dispute, the United States District Court for the District of New Jersey took the “drastic” step of vacating the arbitrator’s decision

Court holds that issue of arbitrability is to be decided by arbitrator

Katten Muchin Rosenman LLP
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USA
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September 21 2007

Plaintiff sued in court to compel defendant to proceed with the arbitration of claims that plaintiff asserted in an arbitration

Arbitration ordered despite party’s participation in litigation

Katten Muchin Rosenman LLP
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USA
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February 27 2009

The Sixth Circuit upheld the lower court’s holding that a contract dispute should be referred to arbitration despite the fact that the parties had engaged in litigation for several months

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