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Results: 1-10 of 35

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”


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


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 determines party waived its right to arbitrate
  • Locke Lord 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


Fifth Circuit compels arbitration, holding that parties clearly intended arbitrator to decide issues of arbitrability
  • Locke Lord LLP
  • USA
  • October 22 2010

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


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


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


District court denies motion to stay, holds that potential for unnecessary arbitration-related expenses does not constitute irreparable harm or clear hardship
  • Locke Lord LLP
  • USA
  • January 22 2010

Plaintiff B.D. Cooke & Partners Limited, as Assignee of Citizens Casualty Company of New York (in Liquidation) (“Cooke”), filed a lawsuit against defendant Certain Underwriters at Lloyd’s, London (“Underwriters”


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


Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees
  • Locke Lord LLP
  • USA
  • March 2 2010

National Union Fire Insurance Company of Pittsburgh, PA entered into a reinsurance treaty with Odyssey America Reinsurance Corporation, which contained an arbitration clause