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Results: 1-10 of 171

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


Silence has a price - DC court holds refusal to abide by international arbitration without justification
  • Locke Lord LLP
  • USA
  • April 3 2013

Anecdotal evidence indicates that the vast majority of international arbitration awards are paid voluntarily. For example, a 2008 study conducted by


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


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


Federal court dismisses petition to vacate arbitration award for lack of subject matter jurisdiction, but recognizes viability of manifest disregard of the law
  • Locke Lord LLP
  • USA
  • February 2 2009

Plaintiff Newton & Associates, L.L.C. ("Newton") petitioned the U.S. District Court for the Eastern District of Louisiana pursuant to Section 10 of the Federal Arbitration Act ("FAA") to vacate an arbitration award in favor of defendant Sandra R. Sanchez ("Sanchez"


Eighth Circuit rules on diversity jurisdiction for federal actions to compel arbitration
  • Locke Lord LLP
  • USA
  • August 26 2010

A decision of the Eighth Circuit Court of Appeals, Northport Health Services of Arkansas, LLC v. Rutherford, No. 09-2433 (8th Cir. 2010), recently held that diversity of citizenship jurisdiction in the context of a motion to compel arbitration under 4 of the Federal Arbitration Act (“FAA”) can be determined by looking at the citizenship of the parties named in the proceedings before the district court, plus any indispensible parties who must be joined


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
  • Locke Lord 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


Federal court rules that bad faith claim falls within scope of arbitration clause in D&O policy
  • Locke Lord LLP
  • USA
  • April 23 2009

An Illinois federal court recently held that an insured's bad faith claim fell within the scope of an arbitration provision contained in a D&O policy and therefore granted the insurer's motion to compel arbitration


Even the EEOC is not exempt from FLSA requirements
  • Locke Lord LLP
  • USA
  • April 16 2009

In an ironic twist, on March 23, 2009, an arbitrator ruled that the Equal Employment Opportunity Commission (EEOC), the Agency responsible for ensuring that the nation’s workers are treated fairly, willfully violated the Fair Labor Standards Act (FLSA) by requiring that certain of its employees take compensatory time off rather than overtime pay for excess hours worked


Connecticut state court finds that a court is permitted to remand an arbitration award to panel for clarification post-Hall Street
  • Locke Lord LLP
  • USA
  • August 18 2010

Plaintiff Hartford Steam Boiler Inspection and Insurance Company ("Hartford") appealed a decision permitting a court to remand a dispute over an arbitral award to the arbitration panel for clarification of that award