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Results: 1-10 of 230

Binding arbitration clauses in insurance policies found unenforceable in Washington
  • Locke Lord LLP
  • USA
  • February 14 2013

In State of Wash. Dep't of Transp. v. James River Ins. Co., No. 87644-4 (Wash. Jan. 17, 2013), the Washington Supreme Court en banc recently declined


Recent caselaw illuminates the limits of the Federal Arbitration Act’s reach to insurance contracts
  • Locke Lord LLP
  • USA
  • July 17 2013

Courts are more and more likely to enforce an arbitration clause, but not necessarily the ones in an insurance contract. The U.S. Supreme Court has


Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending
  • Locke Lord LLP
  • USA
  • 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”


Arbitration prevails: US Supreme Court holds that Federal Arbitration Act supersedes state law vesting another forum with jurisdiction over a dispute
  • Locke Lord LLP
  • USA
  • April 7 2008

Consistent with the strong federal policy favoring the enforcement of arbitration agreements, the United States Supreme Court recently held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act ("FAA") supersedes state laws lodging primary jurisdiction in another forum


Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration
  • Locke Lord LLP
  • USA
  • September 10 2009

In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge


Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions
  • Locke Lord 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


Proposed Senate bill seeks to enact significant changes in arbitration
  • Locke Lord LLP
  • USA
  • May 6 2009

On February 12, 2009, House Representative Henry "Hank" Johnson (D-GA) re-introduced legislation relating to the Federal Arbitration Act, which is now called the Arbitration Fairness Act of 2009


New York state court orders pre-arbitration discovery in aid of contemplated arbitration
  • Locke Lord LLP
  • USA
  • May 4 2009

In the Matter of Trader Pro LLC v. Pires, No. 01233409 (N.Y. Sup. Ct., Apr. 16, 2009), the Petitioners moved for an order pursuant to CPLR 3102c for the issuance of pre-arbitration subpoenas to the Respondents, in order to determine the identity of other potential parties for an arbitration that Petitioners intended to commence


Credit Suisse ordered to pay $400 million in auction rate securities case
  • Locke Lord LLP
  • USA
  • February 18 2009

Without making specific findings of fact, a FINRA arbitration panel ordered that broker-dealer Credit Suisse (USA) LLC must pay claimant STMicroelectronics more than $400 million in compensatory damages and $6.5 million in fees and costs to resolve a claim by the semiconductor maker that it violated Section 10(b) of the 1934 Securities Exchange Act and SEC Rule 10b-5


Fifth Circuit hears en banc oral argument on whether New York Convention is “reverse preempted” by Louisiana statute
  • Locke Lord LLP
  • USA
  • June 3 2009

On May 21, 2009, the United States Court of Appeals heard en banc oral argument on its ruling in Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s of London, No. 06-30262 (5th Cir. Sept. 29, 2008) that the New York Convention overrides a Louisiana statute prohibiting arbitration clauses in insurance contracts