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Appeal dismissed in Northwestern NationalInsco reinsurance dispute
- Jorden Burt LLP
- -
- USA
- -
- December 11 2012
The Second Circuit has dismissed an appeal arising from a reinsurance dispute between Northwestern National Insurance Company and Insco, Ltd
Court compels arbitration, calling unconscionability an issue for the arbitrator
- Jorden Burt LLP
- -
- USA
- -
- August 30 2012
Applying California law and the Federal Arbitration Act, a federal district court ruled that Senior Services of Palm Beach must arbitrate its claims against ABCSP, Inc., a franchising company, pursuant to the arbitration clause of the parties’ franchise agreement
Parties agree to dismissal of action after liberty mutual petitions court to appoint arbitrator
- Jorden Burt LLP
- -
- USA
- -
- August 28 2012
A lawsuit involving a reinsurance dispute has been voluntarily dismissed so that it may proceed in arbitration
Court confirms arbitration award despite manifest disregard claims and argument that panel exceeded its authority
- Jorden Burt LLP
- -
- USA
- -
- August 13 2012
This petition for vacatur followed the last of three arbitrations between American Centennial Insurance Company, a company with its principal place of business in Delaware, and Global International Reinsurance Company, a Barbados company, pursuant to a reinsurance agreement between the parties
Second Circuit rejects manifest disregard arguments
- Jorden Burt LLP
- -
- USA
- -
- July 19 2012
The Second Circuit has summarily affirmed a district court’s denial of a petition to vacate an arbitration award, and granted the cross-petition to confirm
FAA trumps state prohibitions against class arbitration waivers
- Jorden Burt LLP
- -
- USA
- -
- May 17 2011
In a ruling that may surprise some, the U.S. Supreme Court has held that, because it “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress,” California’s judicial rule against waivers of class-wide arbitration in consumer contracts is preempted by the Federal Arbitration Act
Arbitration round-up
- Jorden Burt LLP
- -
- USA
- -
- November 3 2010
Amway Global v. Woodward, Case No. 09-12946 (USDC E.D. Mich. Sept. 30, 2010) (rejecting multiple manifest disregard of law challenges, including that arbitrator, in applying Michigan law, failed to follow Fifth Circuit ruling that plaintiff’s standard agreement was illusory and unenforceable under Texas law
No manifest disregard of law found in employment arbitration dispute
- Jorden Burt LLP
- -
- USA
- -
- October 19 2010
An order denying a petition to vacate arbitration awards arising out of an oral employment contract dispute, mentioned in our January 20, 2010 post, was affirmed on appeal to the Second Circuit
Ninth Circuit reverses confirmation of arbitration award based on improper forum
- Jorden Burt LLP
- -
- USA
- -
- October 4 2010
The Ninth Circuit has reversed and remanded a district court's confirmation of an arbitration award because the plaintiffcounterclaim defendant, a manufacturer located in Belarus, established a defense under the New York Convention
Supreme Court’s “look through” analysis for federal question jurisdiction in arbitration petitions does not overrule prior precedent in diversity jurisdiction petitions
- Jorden Burt LLP
- -
- USA
- -
- September 23 2010
Federal courts have diversity jurisdiction over a petition to compel arbitration of claims that are part of a pending state court action that includes one or more nondiverse parties not named in the petition, the Eighth Circuit has held
