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Results: 1-10 of 497

Round-up of decisions vacating or confirming arbitration awards
  • Jorden Burt LLP
  • USA
  • October 4 2012

Following is a summary of court decisions, some confirming, others vacating, arbitral awards


Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration
  • Jorden Burt LLP
  • USA
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard


Sealing arbitration awards: contractual confidentiality obligations versus the presumption of public access
  • Jorden Burt LLP
  • USA
  • August 10 2009

Arbitration benefits the public by freeing judicial resources


Court of Appeal affirms vacation of arbitration award on grounds of arbitrator’s evident partiality
  • Jorden Burt LLP
  • USA
  • June 3 2013

Thomas Kinkade Company's suit against Nancy and David White was submitted to an arbitration proceeding in which, as the Sixth Circuit noted, "the


Arbitrability: a “gateway issue” for the courts or a question of procedure for the AAA?
  • Jorden Burt LLP
  • USA
  • September 13 2012

In an action by a pharmacy franchisor to stay franchisees’ collective arbitration claims filed with the American Arbitration Association and to compel individual arbitrations, the Eastern District of Missouri granted the franchisees’ motion to dismiss based on lack of subject matter jurisdiction, relying heavily on both contract interpretation and the Federal Arbitration Act, which states that agreements to arbitrate “shall be valid, irrevocable, and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract.”


Revisiting AT&T v. Concepcion: can you hear me now?
  • Jorden Burt LLP
  • USA
  • April 6 2012

Approaching the one-year anniversary of the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), it is noteworthy that the Court has felt it necessary to reiterate its holding, as courts have interpreted it more narrowly than was intended


U.S. Supreme Court slaps Oklahoma Supreme Court on the wrist for disregarding precedent on the FAA and grants cert. in yet another arbitration case
  • Jorden Burt LLP
  • USA
  • December 3 2012

In a recent per curiam opinion, the U.S. Supreme Court reminded state courts that the Federal Arbitration Act is “the supreme Law of the Land” and they must abide by the Supreme Court’s opinions interpreting that law


Ninth Circuit holds that malicious prosecution and abuse of process claims are arbitrable
  • Jorden Burt LLP
  • USA
  • December 5 2012

The Ninth Circuit affirmed the district court’s grant of the motion to compel arbitration of defendant’s malicious prosecution and abuse of process claims against plaintiff that arose from a previous arbitration


Ninth Circuit reverses confirmation of arbitration award based on improper forum
  • Jorden Burt LLP
  • USA
  • October 4 2010

The Ninth Circuit has reversed and remanded a district court's confirmation of an arbitration award because the plaintiffcounterclaim defendant, a manufacturer located in Belarus, established a defense under the New York Convention


No appellate jurisdiction to review decision vacating arbitration award for evident partiality
  • Jorden Burt LLP
  • USA
  • December 1 2011

William Smythe invested funds with Morgan Keegan & Co, Inc