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District court confirms reinsurance arbitration award against two Brazilian companies

Jorden Burt LLP
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Brazil, USA
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July 30 2012

Several developments have occurred in the ongoing reinsurance dispute between Aurum Asset Managers and several Brazilian companies

Fourth Circuit: state statute does not reverse preempt federal law

Jorden Burt LLP
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USA
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July 16 2012

The Fourth Circuit issued an opinion “preserving the United States’ ability to speak with one voice” in regulating foreign arbitrations

Eleventh Circuit affirms district court’s decision that arbitral panel was “foreign” for purposes of discovery statute

Jorden Burt LLP
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USA
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July 5 2012

On an appeal arising out of a foreign shipping contract billing dispute between Consorcio Ecuatoriano de Telecomunicaciones S.A. and Jet Air Service Equador S.A., the Eleventh Circuit held that the arbitral tribunal before which the dispute is pending is a foreign tribunal for purposes of 28 U.S.C. 1782’s discovery rules

Motion to dismiss claim for breach of confidentiality agreement in reinsurance arbitration denied

Jorden Burt LLP
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USA
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June 18 2012

INA Reinsurance recently moved to dismiss or to stay an action initiated by Utica Mutual Insurance arising out of the alleged breach of three confidentiality agreements, including one entered as an order in the parties’ pending reinsurance arbitration

Ninth Circuit: no immediate appeal of interim stay and order compelling submission of dispute to referee

Jorden Burt LLP
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USA
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May 24 2012

The Ninth Circuit recently issued an opinion on an issue of first impression whether an order compelling enforcement of a contractual agreement to submit a dispute to a referee, and staying proceedings in the interim, is immediately appealable

Court rejects repetitive challenge to class arbitration under Stolt-Nielsen

Jorden Burt LLP
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USA
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April 17 2012

After losing on essentially the same issue in an appeal to the Fourth Circuit Court of Appeals, the defendants in an ongoing class arbitration Amerix Corporation and Genus Credit Management initiated an action on the eve of termination of the class arbitration attacking the propriety of class arbitration, alleging that the arbitrator was exceeding the scope of his authority as defined in Stolt-Nielsen and Concepcion

Ninth and Third Circuits hold that FAA preempts state unconscionability law per Concepcion

Jorden Burt LLP
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USA
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April 3 2012

Two US Courts of Appeals recently issued opinions bearing on the unconscionability of arbitration agreements

Ninth Circuit concludes AT&T v. Concepcion preempts California state law

Jorden Burt LLP
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USA
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March 19 2012

Plaintiffs brought a putative class action alleging violations of California’s Unfair Competition Law in connection with student loans

Arbitration award in favor of progressive affirmed

Jorden Burt LLP
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USA
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February 23 2012

Recently, the Minnesota Court of Appeals affirmed the entry of an arbitration award against North Star Taxi

Court consolidates reinsurance cases before existing arbitration panel

Jorden Burt LLP
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USA
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February 8 2012

A federal district court consolidated several reinsurance cases to be heard before an arbitration panel already formed to hear a dispute between the parties, as well as a corporation which the parties agreed to keep confidential

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