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Holland & Knight LLP

Consejo de Estado unifica jurisprudencia sobre arbitrabilidad de actos administrativos

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La Sección Tercera del Consejo de Estado de Colombia resolvió recientemente el recurso extraordinario de anulación en contra del laudo del 11 de julio de 2022, proferido por el tribunal arbitral constituido para resolver las...more

Miller Canfield

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

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Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

Miles & Stockbridge P.C.

Fourth Circuit’s Reinstatement of $1.2 Million Award Highlights Risk of Arbitration Agreements

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On February 24, 2022, the Fourth Circuit restored a $1,186,975.00 arbitration award for a North Carolina securities wholesaler (“Warfield”) who alleged that his former employer ICON Advisers Inc. (“ICON”) unlawfully fired him...more

White & Case LLP

Dallah Revisited: The French and English Courts in Conflict Again Regarding Arbitral Jurisdiction Over Non-Signatories

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The ongoing Kout Food saga provides a salutary reminder that difficult issues can sometimes arise when parties choose different systems for the substantive law of their contractual relationship and the curial law of the seat...more

Carlton Fields

Fourth Circuit Finds Arbitration Clauses Are Valid and Enforceable, Confirms Chinese Arbitral Award

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The Fourth Circuit confirmed a foreign arbitration award issued in favor of third-party defendant Chongqing Rato Power Co. Ltd., a Chinese equipment manufacturer, against defendant Roger Leon. The parties negotiated and...more

White & Case LLP

Construction contracts: ambiguities in remeasurement provisions

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Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

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The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Carlton Fields

Connecticut Supreme Court to Consider Whether Parties Can Use FAA to Extend Time to Vacate Arbitration Award

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The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more

Carlton Fields

Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial

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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

Carlton Fields

First Circuit Affirms Denial of Vacatur of Arbitration Award, Rejects Arguments That Parties Opted Out of FAA and Arbitrator Erred

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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

Gray Reed

The Case of Mistaken Indemnity

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Nifty Counsel, Dunce’s Caps in-house lawyer, came up with what he thought was a brilliant way to minimize the company’s liability to its customers. ...more

Carlton Fields

Ninth Circuit Affirms Order Vacating Arbitration Award, Faults Arbitrator’s Disregard of Contract’s Plain Language

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The Ninth Circuit recently affirmed a district court order vacating an arbitration award arising from the termination of subcontracts for the construction of army buildings and facilities in Afghanistan. ...more

Troutman Pepper

NY Appellate Court Weakens 'Manifest Disregard' Exception to Arbitration Enforcement

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A closely followed New York trial court decision in favor of the “manifest disregard” standard for vacating arbitral awards was recently reversed by the New York Supreme Court Appellate Division in In re Daesang Corp. v. The...more

Carlton Fields

Eighth Circuit Upholds Confirmation of Arbitration Award Directing Payment of Attorney’s Fees and Expenses Unrestricted by...

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In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, “ProEnergy”), appealed a judgment confirming an arbitration award...more

Carlton Fields

Court Finds That Enron’s Fraud Does Not Void Contract Entered Into With Enron Subsidiary

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A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron...more

Carlton Fields

Second Circuit Upholds Confirmation Of Arbitration Award Finding The Penalty Provision In Contract Did Not Violate Public Policy

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Although unable to revisit the arbitration panel’s fact-finding or legal reasoning behind an arbitration award, the Second Circuit Court of Appeals upheld confirmation of the award itself, as it did not violate public policy....more

Foley & Lardner LLP

When Silence is Unambiguous...Has the Seventh Circuit Created Ambiguity Over Review of Arbitrators’ Decisions?

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United States Soccer Fed’n, Inc. v. United States Nat’l Soccer Team Players Ass’n, No. 15-3402, 2016 U.S. App. LEXIS 17339 (7th Cir. Sept. 22, 2016). The Seventh Circuit decided last month that an arbitrator exceeded his...more

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