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Results: 1-10 of 497

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

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

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

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

Stay of premature arbitration did not render subsequent proceedings or award void

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 24 2011

Where a court of appeals reversed a lower court's order compelling arbitration, and mandated a stay of ongoing arbitration proceedings, the proceedings conducted in arbitration both before and after the institution of the stay were not void

Federal judges in Brooklyn are making it easier to pursue fraud claims against no-fault medical providers

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 8 2013

The Eastern District of New York, which includes the New York City Boroughs of Brooklyn and Queens, has been home to some of the most colorful

Second and Third Circuits disagree on procedure for implementing Stolt-Nielsen holding and class arbitration waivers

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

The Second and Third Circuit Courts of Appeal recently issued conflicting opinions on the enforceability of class arbitration waivers

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

Arbitrability: a “gateway issue” for the courts or a question of procedure for the AAA?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 13 2012

In an action by a pharmacy franchisor to stay franchisees’ collective arbitration claims filed with the American Arbitration Association and to compel individual arbitrations, the Eastern District of Missouri granted the franchisees’ motion to dismiss based on lack of subject matter jurisdiction, relying heavily on both contract interpretation and the Federal Arbitration Act, which states that agreements to arbitrate “shall be valid, irrevocable, and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract.”

Confidential arbitration award against AXA Re confirmed without opposition

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 9 2012

A court recently confirmed an arbitration award against AXA Re in a reinsurance dispute involving reinsurance contracts entered into by predecessor companies in the 1970s