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Results: 1-10 of 497

Revisiting AT&T v. Concepcion: can you hear me now?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 6 2012

Approaching the one-year anniversary of the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), it is noteworthy that the Court has felt it necessary to reiterate its holding, as courts have interpreted it more narrowly than was intended

Unavailability of a designated arbitration forum does not provide an impossibility defense

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 13 2013

On appeal, a circuit court's denial of a motion to compel arbitration was reversed for several reasons. First, the circuit court erred by allowing

Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard

Round-up of decisions vacating or confirming arbitration awards

  • Jorden Burt LLP
  • -
  • USA
  • -
  • October 4 2012

Following is a summary of court decisions, some confirming, others vacating, arbitral awards

Fifth Circuit rules en banc that arbitration treaty trumps state insurance laws

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 21 2009

In Safety National Casualty Corporation v. Certain Underwriters At Lloyd's, London, --- F.3d ----, 2009 WL 3722727 (5th Cir. (La.)), the Fifth Circuit considered en banc the question of whether the McCarran-Ferguson Act caused Louisiana state law to “reverse-preempt” the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) or its implementing legislation (the Convention Act

Court of Appeal affirms vacation of arbitration award on grounds of arbitrator’s evident partiality

  • Jorden Burt LLP
  • -
  • USA
  • -
  • June 3 2013

Thomas Kinkade Company's suit against Nancy and David White was submitted to an arbitration proceeding in which, as the Sixth Circuit noted, "the

Sealing arbitration awards: contractual confidentiality obligations versus the presumption of public access

  • Jorden Burt LLP
  • -
  • USA
  • -
  • August 10 2009

Arbitration benefits the public by freeing judicial resources

Vacation of arbitral award refused due to party’s failure to challenge award in foreign forum

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 23 2012

Parties to a stock purchase agreement between two British Virgin Islands companies arbitrated a dispute in Miami, Florida

Arbitration decision update

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 14 2011

Manifest Disregard: Turkey Run Properties, L.P. v. Air Structures Worldwide, Ltd., Case No. 4:09-cv-00217 (USDC M.D. Pa. June 22, 2011) (denying motion to vacate arbitration award; holding no manifest disregard; rejecting claim that award was “moot or impossible to follow” as grounds for vacatur

Roundup of federal decisions on motions to compel arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 7 2012

Authenment, III v. Ingram Barge Co., Case No. 10-2107 (USDC E.D. La. July 13, 2012) (granting West of England Shipowner’s Mutual’s motion to stay pending arbitration in a case initially brought against West of England’s insured, notwithstanding that plaintiff was non-signatory to arbitration agreement; holding that Convention on the Recognition and Enforcement of Foreign Arbitral Awards supersedes Louisiana’s statute prohibiting arbitration agreements in insurance contracts