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Results: 1-10 of 497

Civil subpoenas issued by arbitrator against out-of-state nonparties held unenforceable
  • Jorden Burt LLP
  • USA
  • April 18 2012

The Colorado Supreme Court vacated a district court’s order enforcing subpoenas issued by an arbitrator against out-of-state nonparties


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


Arbitration award roundup
  • Jorden Burt LLP
  • USA
  • February 27 2013

Following is a summary of selected court opinions addressing requests for confirmation and vacation of arbitration awards. Manifest disregard


First Circuit clarifies standard of review, concludes that agreement mandates arbitration
  • Jorden Burt LLP
  • USA
  • March 29 2010

In this dispute between two parties to a joint venture agreement, one party filed a lawsuit and the other submitted an arbitration demand


District court denies motion to stay arbitration proceedings in state court
  • Jorden Burt LLP
  • USA
  • December 31 2008

Petitioners brought two Financial Industry Regulatory Authority (“FINRA”) arbitration actions against the Respondents, their former employer and a former supervisor, asserting a multitude of claims


Defendant refuses to participate in arbitration - district court rules default
  • Jorden Burt LLP
  • USA
  • April 30 2009

In an action arising out of a services agreement related to the construction of low-income tax-credit housing, plaintiff, The Youngs Company, filed a breach of contract action in the Northern District of Texas


Supreme Court holds that a non-party to an arbitration agreement may appeal the denial of a motion to stay pending arbitration under the federal arbitration act
  • Jorden Burt LLP
  • USA
  • August 24 2009

In Arthur Andersen LLP v. Carlisle, - U.S. -, 129 S.Ct. 1896 (May 4, 2009), the Supreme Court resolved a conflict of Circuits regarding the interpretation of sections 3 and 16 of the Federal Arbitration Act (“FAA”) (9 U.S.C. 3 and 16


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


A “storm warning” for the reinsurance industry
  • Jorden Burt LLP
  • USA
  • December 8 2010

Recent cases have highlighted the importance of the "storm warnings" doctrine in reinsurance and arbitration cases


New York court orders that umpire be appointed to complete reinsurance arbitration panel
  • Jorden Burt LLP
  • USA
  • February 19 2013

Petitioner American Home Assurance Company sought appointment of an umpire, or a third arbitrator under certain treaties, to preside over