The U.S. Supreme Court has decided an issue concerning cases that are subject to arbitration that has divided the federal courts of appeals: when the claims at issue in a federal court suit are subject to arbitration, does...more
5/20/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Certiorari ,
Dismissals ,
Federal Arbitration Act ,
Judicial Proceedings ,
Mandatory Arbitration ,
SCOTUS ,
Smith v Spizzirri ,
Stays
Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts...more
The standard that courts should apply in deciding whether to vacate an arbitration award based on arbitrator conflicts of interest is drawing increased focus in appeals to the United States Supreme Court. As this blog...more
Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd Circuit U.S. Court of Appeals that includes...more
10/13/2023
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Buyers ,
Damages ,
Earn-Outs ,
EBITDA ,
Injunctive Relief ,
International Arbitration ,
Purchase Agreement ,
Sellers
Under existing precedent in the 11th Circuit, which includes Florida, federal courts cannot overturn international arbitration awards on the ground that the arbitrators “exceeded their powers,” a frequently invoked ground for...more
The U.S. Supreme Court has ruled that, unlike petitions to compel arbitration, petitions to confirm or vacate an arbitration award cannot be brought in federal court simply because the underlying dispute involves a federal...more
Strategies to Collect International Arbitration Awards-
One of the problems that parties to international arbitration face is that the opposing party may attempt to move its assets so that if an award it entered against...more
For the second time in four years, the U.S. Supreme Court has declined to resolve an arbitration-related issue that state and federal courts have been wrestling with over the last decade: whether the Federal Arbitration Act...more
An employee of a Louisiana financial service company who lost in an employment-related arbitration is asking the U.S. Supreme Court to resolve an arbitration-related issue that has divided the circuit courts: Do federal...more
Arbitration awards may be vacated or annulled based on arbitrator conflicts of interest and even just an appearance of impropriety. Read how different arbitrations deal with disqualification motions.
The Importance of...more