Markmidco S.àr.l., a Luxembourg company, sold to Zeta Interactive Corp. its interest in a customer relationship management business consisting of several companies that provided to retailers email and text message marketing,...more
The case involved a dispute over an automobile equipment supply contract. The parties’ disagreement was arbitrated, and the prevailing party filed in federal court for confirmation of the award. The supplier, after losing the...more
11/25/2019
/ Arbitration ,
Arbitration Awards ,
Contract Disputes ,
Excusable Neglect ,
Manifest Disregard ,
Motion to Set Aside the Verdict ,
Motion to Vacate ,
Neglect ,
Statute of Limitations ,
Suppliers ,
Supply Contracts
The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more
11/18/2019
/ Abuse of Power ,
Ameriprise Financial ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Compensatory Damages ,
Confidential Information ,
Contract Terms ,
Customer Information ,
Customer Privacy ,
Evidence ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
FINRA Hearing Panel ,
Former Employee ,
Injunctive Relief ,
Motion to Dismiss ,
Motion To Enjoin ,
Restraining Orders ,
Testimony ,
Vacatur
The parties entered into a contract under which the plaintiff Cerner Middle East Limited would provide hardware, software, and services to iCapital S/E to facilitate iCapital’s fulfillment of a contract that it had been...more
10/17/2019
/ Arbitration ,
Arbitration Award Challenges ,
Arbitration Awards ,
Comity ,
Contract Terms ,
Dismissals ,
Failure To Pay ,
France ,
International Chamber of Commerce (ICC) ,
Jurisdiction ,
Lack of Jurisdiction ,
Reasonableness Factors ,
Service Contracts ,
Suppliers
Pro se plaintiffs Henry and Ijeamaka Ekweani characterized a district court’s confirmation of an arbitration award against them and in favor of American Express Travel Related Services as a “rubber stamp” that violated their...more
The First Circuit recently denied an appeal from the District of Puerto Rico’s refusal to vacate an arbitration award. The dispute centered on a management services agreement containing an arbitration agreement that required...more
9/9/2019
/ AHLA ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Binding Arbitration ,
Choice-of-Law ,
Contract Terms ,
Federal Arbitration Act ,
Healthcare ,
Manifest Disregard ,
Professional Misconduct ,
Puerto Rico ,
State Arbitration Acts ,
Vacatur
On second rehearing and after submitting a question to the Louisiana Supreme Court, the Fifth Circuit determined that the Louisiana nonresident attachment statute allows for attachment in aid of arbitration. The underlying...more
The case involved an AAA arbitration centering on the lack of performance under an exclusive distributorship agreement (EDA) that a medical supplier signed with a product manufacturer. The supplier failed to order sufficient...more
7/25/2019
/ American Arbitration Association ,
Arbitration ,
Arbitration Awards ,
Default Judgment ,
Fraudulent Inducement ,
Manufacturers ,
Medical Devices ,
Medical Supplies ,
Parole Evidence ,
Pharmaceutical Industry ,
Sales & Distribution Agreements ,
Suppliers
In 2001, Del Monte International GmbH and Inversiones y Procesadora Tropical INPROTSA, S.A. entered into an agreement for the production, packaging, and sale of MD-2 pineapples, a variety of pineapple that Del Monte had...more
In the wake of the liquidation of Legion Indemnity Co., the Illinois Director of Insurance, as liquidator of Legion, and Catalina Holdings arbitrated claims originating under reinsurance agreements between Legion and a...more
The Ninth Circuit affirmed the denial of a petition to vacate an arbitration award because the petition was filed one day late. ...more
The case involved an award in excess of $800,000 against a home designer and some affiliated companies for a renovation project that went bad. One of the affiliated companies brought an arbitration proceeding against the...more
12/5/2018
/ Arbitration ,
Arbitration Awards ,
Arbitrator Selection Disputes ,
Construction Project ,
Designer Professionals' Liability ,
Failure To Pay ,
Fairness Standard ,
Federal Arbitration Act ,
Objection Procedures ,
Renovations ,
Vacatur
A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the “emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA, a policy that applies...more
An “Interim Decision” issued by three Rabbinical Court arbitrators based in New York was not “final” and therefore could not be confirmed in federal court pursuant to the United Nations Convention on the Recognition and...more
Ameriprise sought vacatur of the award under grounds set forth in the FAA, namely fraud, evident partiality, arbitrator misconduct, and exceeding of powers. In refusing Ameriprise’s request, the court first noted that...more
A Brazilian mining and steelmaking company (Companhia Siderurgica Nacional, S.A. (“CSN”)), a Brazilian insurance company (IRB Brazil Resseguros, S.A. (“IRB”)), and an American insurance company (National Indemnity Company...more
Questions of arbitral venue, even in international arbitration, are presumptively for the arbitrator to decide. The court so ruled despite arguments from an Israeli company that the arbitrator’s interpretation of an...more