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Results: 1-10 of 37

Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed
  • Locke Lord LLP
  • USA
  • October 15 2010

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York


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


District court finds that the Federal Arbitration Act preempts state statute barring out-of-state arbitrations
  • Locke Lord LLP
  • USA
  • September 14 2010

In Binder v. Medicine Shoppe International, Inc., No. 09-14046 (E.D.Mich. 2010), a breach of contract dispute between the plaintiff (a franchisor) and the defendant (a franchisee) arose out of a Uniform Franchise Offering Circular and subsequent License Agreement (“Agreement”


Eleventh Circuit rules that party did not waive its right to arbitrate
  • Locke Lord LLP
  • USA
  • August 23 2010

In Citibank, N.A. v. Stok & Associates, P.A., No. 09-13556 (11th Cir. July 20, 2010), the United States Court of Appeals for the Eleventh Circuit ruled that a party did not waive its right to compel arbitration even though it initially participated in the court proceeding


Second Circuit affirms district court’s decision to reappoint arbitrator who had resigned
  • Locke Lord LLP
  • USA
  • June 24 2010

Yesterday, the Second Circuit affirmed a district court's decision in which the court held that an arbitrator who had previously resigned was able to rejoin the arbitration panel


New York federal court vacates arbitration award based on evident partiality
  • Locke Lord LLP
  • USA
  • April 26 2010

Scandinavian Reinsurance Company Limited (“Scandinavian Re”) and St. Paul Fire & Marine Insurance Company, St. Paul Reinsurance Company, Ltd. and St. Paul Re (Bermuda) Ltd. (collectively “St. Paul”) entered into a retrocessional agreement under which St. Paul ceded a portion of its casualty reinsurance portfolio to Scandinavian Re


California federal court finds that issue of whether commutation terminated certain reinsurance contracts was for the arbitration panel to decide
  • Locke Lord LLP
  • USA
  • February 12 2010

Petitioner Sun Life Assurance Company of Canada ("Sun Life") moved to confirm an arbitration award against Respondents Liberty Mutual Insurance Company, Golden Eagle Insurance Corporation and San Diego Insurance Company


United States Solicitor General: the convention is not preempted by the McCarran-Ferguson Act
  • Locke Lord LLP
  • USA
  • September 24 2010

As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq


U.S. Supreme Court: ratification issue to be determined by judiciary, despite federal policy favoring arbitration of disputes
  • Locke Lord LLP
  • USA
  • September 23 2010

In Granite Rock Co. v. International Brotherhood of Teamsters et al., No. 08-1214 (2010) -- the United States Supreme Court held -- by a vote of seven to two -- that the issue of when and whether an arbitration agreement was ratified falls within the exclusive purview of the court, and not the arbitrator, if that determination concerns whether the parties’ intent was to submit the dispute at issue to arbitration


Ninth Circuit reverses district court’s vacatur of arbitration award
  • Locke Lord LLP
  • USA
  • August 5 2010

Zev Lagstein, M.D. filed a claim for benefits under a disability policy issued by Certain Underwriters at Lloyd’s London (“Lloyd’s”) after he developed heart disease and other ailments