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Results: 1-10 of 67

Massachusetts federal court addresses manifest disregard of the law standard, finds that panel’s decision to limit discovery and witness testimony did not provide a basis to vacate award

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 21 2011

In OneBeacon America Insurance Co. v. Swiss Reinsurance America Corporation, 09-CV-11495-PBS (D.Mass. December 23, 2010), a motion was brought by petitioner OneBeacon to vacate an arbitration award on the basis that the arbitrators were guilty of misconduct for refusing to permit necessary discovery and hear certain evidence

New York federal judge provides interesting insights regarding arbitration and “manifest disregard of the law"

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 19 2011

In Goldman Sachs Execution & Clearing, L.P. v. The Official Unsecured Creditors' Committee of Bayou Group, LLC, et al., Slip Copy, 2010 WL 4877847 (S.D.N.Y. 2010), the court denied petitioner’s motion to vacate a $20.580 million award obtained in a FINRA arbitration by The Official Unsecured Creditors' Committee of Bayou Group

U.S. Supreme Court refuses to hear dispute concerning preemptive effect of New York Convention on state law barring arbitration

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 29 2010

In a case we have been following on www.insurereinsure.com, Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, the U.S. Supreme Court declined to grant certiorari to hear a dispute between an insurance pool and its reinsurer concerning whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") preempts a Louisiana statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

Second Circuit determines party waived its right to arbitrate

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 13 2010

Recently, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s ruling denying the motion of plaintiffs-appellants (collectively “LSED”) to compel arbitration of a dispute with Merrill Lynch, Pierce, Fenner & Smith Inc. (“MLPFS”), finding that LSED waived its right to arbitrate by litigating the case for nearly a year before filing its motion

High Court refuses stay in favour of arguable arbitration clause

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • December 8 2010

In the case of Noble Denton Middle East and Another v Noble Denton International Limited 2010 EWHC 2574, Mr Justice Burton was asked to decide two points

English High Court rules on permissibility of an appeal against an arbitral award on a point of foreign law

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 18 2010

In Guangzhou Dockyards Co Ltd v ENE Aegialii 2010 EWHC 2826 (Comm), Mr Justice Blair dismissed an application which had sought to appeal against an arbitration award on an issue of fact

Third Circuit affirms district court’s vacatur of arbitration award, finding that the panel exceeded its powers by awarding relief not sought by either party

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 18 2010

The U.S. Court of Appeals for the Third Circuit recently affirmed a District Court’s vacatur of an arbitration award because the arbitration panel exceeded its authority in ordering relief not sought by either of the parties and removing from the parties’ reinsurance agreement a material provision

High Court provides clarity on time limits in arbitration clauses

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 27 2010

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned

Ninth Circuit finds that parties agreed to apply the arbitrator disclosure and vacatur standards of the California Arbitration Act, not the FAA

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 22 2010

In Johnson v. Gruma Corp., No. 08-56911 (9th Cir. 2010), the Ninth Circuit Court of Appeals applying the California Arbitration Act (“CAA”) in lieu of the Federal Arbitration Act (“FAA”) affirmed a District Court decision refusing to vacate an arbitration award on the ground that the arbitrator failed to disclose his wife’s former professional relationship with the law firm ultimately retained to represent the respondent in the arbitration

Fifth Circuit compels arbitration, holding that parties clearly intended arbitrator to decide issues of arbitrability

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 22 2010

Plaintiffs purchased disability insurance from First American National, which later became known as defendant Regions Bank ("Regions"