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Results: 1-10 of 171

Do I really have to ask?
  • Locke Lord LLP
  • USA
  • May 29 2014

On May 23, 2014, the Supreme Court of Texas, in Tenaska Energy Inc. v. Ponderosa Pine Energy LLC, 2014 Tex. Lexis 427, reaffirmed the duty of a


The Supreme Court rules that courts must honor an arbitrator’s construction of contractual language in favor of class arbitration, “however good, bad, or ugly”
  • Locke Lord LLP
  • USA
  • June 14 2013

In Oxford Health Plans LLC v. Sutter, 569 U.S. ____ (2013), the Supreme Court all but ordered the federal courts to not decide whether one person can


Judicial estoppel trumps judicial precedent
  • Locke Lord LLP
  • USA
  • February 27 2013

The recent case by the United States Fifth Circuit of Appeals, Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, 2013 WL 539011 (5th Cir. Feb


Second Circuit rules that the FLSA does not bar enforcement of class action waivers: Sutherland v. Ernst & Young LLP
  • Locke Lord LLP
  • USA
  • August 16 2013

On August 9, 2013, the Second Circuit ruled that an employee may be compelled to arbitrate individual claims under the Fair Labor Standards Act


Massachusetts High Court rules that Federal Arbitration Act applies to contracts involving interstate commerce
  • Locke Lord LLP
  • USA
  • August 19 2013

In a decision that has implications for reinsurance, the Massachusetts Supreme Judicial Court last week decided that the Federal Arbitration Act


First Circuit holds that preclusive effect of prior arbitration outcome is itself an arbitrable issue
  • Locke Lord LLP
  • USA
  • April 7 2014

The U.S. Court of Appeals for the First Circuit earlier this year held that the preclusive effect of a prior arbitration is itself a matter for


AAAICDR introduces optional appellate arbitration rules
  • Locke Lord LLP
  • USA
  • November 26 2013

Historically, a court can set aside an arbitration award based only on narrow statutory grounds. Over the past few years, a number of arbitral


D.C. Court holds date arbitral award issued is date for appropriate currency conversion
  • Locke Lord LLP
  • USA
  • July 3 2013

In today's global economy, it is not uncommon for arbitration awards to be denominated in a currency that is foreign to the place of enforcement. In


California’s “unconscionability” rule against many class action arbitration waiver clauses preempted
  • Locke Lord LLP
  • USA
  • April 28 2011

For several years businesses that enter into contracts with consumers have witnessed the tension between courts in California and the Federal Arbitration Act's (the FAA) stated preference for arbitration over litigation


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
  • Locke Lord 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