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Did Hall Street eliminate manifest disregard of the law as a valid basis for vacating or modifying arbitration awards? A 2008 summary of conflicting decisions

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 14 2009

This past year we’ve followed the U.S. Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989 (U.S. Mar. 25, 2008), and whether courts have interpreted it as eliminating the doctrine of manifest disregard of the law, a judicially-created concept that provides parties with a basis for challenging an arbitration award beyond those grounds enumerated in the Federal Arbitration Act (“FAA”

Smith Estate v. National Money Mart Co.: what you need to know about the conflict between arbitration and class proceedings statutes in Ontario

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 31 2008

The following recent Ontario Court of Appeal decision will be of interest to businesses dealing with retail customers where arbitration clauses are included in the consumer contracts

Summons dressed as spam

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • February 8 2007

There have been many cases reported recently concerning the service of Court proceedings

Chequered intellectual property outcomes for Lamborghini

  • Shepherd & Wedderburn LLP
  • -
  • Global
  • -
  • May 6 2009

World-famous sports car manufacturer Lamborghini has been involved recently in two intellectual property-related procedures with contrasting outcomes

Defendant refuses to participate in arbitration - district court rules default

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 30 2009

In an action arising out of a services agreement related to the construction of low-income tax-credit housing, plaintiff, The Youngs Company, filed a breach of contract action in the Northern District of Texas

Allocation dispute procedures

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 28 2009

We have received some questions on how existing allocation disputes in multi-service celebrity endorsement deals should be resolved in light of the procedures adopted in the new Collective Bargaining Agreement ("CBA"

Delhi High Court supports parties' agreement to arbitrate in Singapore

  • Herbert Smith Freehills LLP
  • -
  • India
  • -
  • September 2 2009

Appellate courts in India have sometimes been subject to criticism from international arbitration practitioners due to their interventionist approach (often under the guise of supervision) towards arbitration proceedings

Can arbitrators compel non-parties to produce documents prior to hearings?

  • Kilpatrick Townsend & Stockton LLP
  • -
  • USA
  • -
  • February 1 2007

In arbitrations, parties often desire to obtain documents or testimony from third parties

Court to parties: start arbitration over

  • Jorden Burt LLP
  • -
  • USA
  • -
  • January 19 2009

Petitioners, Insurance Co. of North America and INA Reinsurance (collectively “INA”), and Respondent, Public Service Mutual Insurance Co. (“PSMIC”), came before the Southern District of New York on the question of whether an arbitration proceeding halted in medias res upon resignation of one party-appointed panelist may continue or whether under such circumstances the arbitration must commence anew

Significant developments for arbitration in the UAE

  • Herbert Smith Freehills LLP
  • -
  • United Arab Emirates
  • -
  • February 19 2008

The Emirate of Dubai established the Dubai International Financial Centre ('DIFC') as a free zone with its own civil and commercial laws and its own courts, led by Chief Justice Sir Anthony Evans who was previously a Lord Justice of Appeal in England