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Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending
- Edwards Wildman Palmer LLP
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- USA
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- December 15 2009
Plaintiff China National Chartering Corp. (“CNCC”) petitioned the U.S. District Court for the Southern District of New York to confirm an arbitration award rendered in its favor against defendant Pactrans Air & Sea, Inc. (“Pactrans”) by the China Maritime Arbitration Commission (“CMAC”
English High Court refuses to enforce a Canadian arbitration award which failed to give effect to mandatory EU regulations
- Edwards Wildman Palmer LLP
- -
- Canada, United Kingdom
- -
- November 19 2009
In Accentuate Limited v Asigra Inc (A company incorporated under the laws of Canada) 2009 EWHC 265, the English Court was asked to overturn the earlier decision of a District Judge which set aside an order giving the English claimant, Accentuate, leave to serve the Canadian defendant, Asigra, outside the jurisdiction and which granted a stay of proceedings
Southern District of New York confirms arbitration award dismissing fraud claims on summary judgment
- Edwards Wildman Palmer LLP
- -
- USA
- -
- November 3 2009
In a recent decision of the United States District Court for the Southern District of New York, TIG Ins. Co. v. Global Int’l Reins. Co., Ltd., No. 09 Civ. 1289 (Aug. 7, 2009), the court ruled that an arbitrator’s decision to ignore certain evidence is not a proper ground for vacating an arbitration award
Arbitration clause covers disputes about future claims
- Edwards Wildman Palmer LLP
- -
- United Kingdom
- -
- October 14 2009
In Secretary of State for Transport v Stagecoach South Western Trains Ltd 2009 EWHC 2431, the High Court decided that a dispute over the method of calculation of future payments under a franchise agreement came within the relevant arbitration clause
AIRROC launches expedited binding arbitration procedure for small claims
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 9 2009
The Association of Insurance and Reinsurance Run-Off Companies ("AIRROC") has announced the formal launch of the Dispute Resolution Procedure ("DRP"), an expedited binding arbitration procedure especially designed for small and less-complicated claims
Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 10 2009
Earlier this summer, the U.S. District Court for the Central District of California, Western Division held that an arbitrator's determination in an underlying claim triggered the intentional acts and personal profit exclusions in both a D&O and E&O policy
New York federal court vacates prior order finding that arbitration must start anew
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 30 2009
In early January, www.insurereinsure.com reported on In the matter of the Petition of Ins. Co. of North America, et al. against Public Service Mut. Ins. Co., No. 08-cv-7003 (S.D.N.Y.), in which the U.S. District Court for the Southern District of New York held that an arbitration must start anew because a member of the arbitration panel resigned for health reasons prior to the rendering of an award
Sixth Circuit: insurer that defended insured in state court action need not defend insured in subsequent related arbitration; wording of arbitration claim precludes coverage
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 29 2009
Earlier this month, the Sixth Circuit affirmed a district court decision granting summary judgment to a professional liability insurer where it provided a defense in a state court action but denied coverage in a subsequent related arbitration
