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Results: 1-10 of 35

Federal court finds that fraud claim is not arbitrable
  • Locke Lord LLP
  • USA
  • August 4 2010

In a decision by the United States District Court for the Southern District of New York, AXA Versicherung AG v. New Hampshire Ins. Co., 05 Civ. 10180 (JSR) (S.D.N.Y. 2010), the court held that certain fraud claims were not a matter of contract interpretation and, therefore, not arbitrable under a provision in a facultative reinsurance agreement that provided for arbitration of disputes “arising out of the interpretation of this agreement.”


New York state court decision raises issues concerning the drafting of arbitration clauses
  • Locke Lord LLP
  • USA
  • September 20 2010

By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws


U.S. Supreme Court rules on class arbitration, addresses manifest disregard of the law
  • Locke Lord LLP
  • USA
  • May 12 2010

Petitioners ("Stolt-Nielsen") entered into a contract with respondent AnimalFeeds International Corporation that contained an arbitration clause


Federal court denies insured’s motion to vacate arbitration award: finds that reinsurer was not indispensable party to dispute, arbitrators had authority to award attorneys’ fees, and manifest disregard of the law is no longer viable
  • Locke Lord LLP
  • USA
  • September 28 2010

Plaintiffs sued their insurer, Northbrook Indemnity Company, which removed the case to federal court and moved to compel arbitration


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"


Ninth Circuit finds that parties agreed to apply the arbitrator disclosure and vacatur standards of the California Arbitration Act, not the FAA
  • Locke Lord LLP
  • USA
  • October 22 2010

In Johnson v. Gruma Corp., No. 08-56911 (9th Cir. 2010), the Ninth Circuit Court of Appeals applying the California Arbitration Act (“CAA”) in lieu of the Federal Arbitration Act (“FAA”) affirmed a District Court decision refusing to vacate an arbitration award on the ground that the arbitrator failed to disclose his wife’s former professional relationship with the law firm ultimately retained to represent the respondent in the arbitration


Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration
  • Locke Lord LLP
  • USA
  • October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts


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


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


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