News & Analysis as of

Arbitration Agreements Federal Arbitration Act Motion to Vacate

Carlton Fields

Vacation of Arbitration Award for Manifest Disregard of the Law Is “Exceedingly Rare,” Requires “Egregious Impropriety”

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The U.S. District Court for the Southern District of New York denied a petition to vacate a $65 million arbitration award based on the petitioner’s argument that the arbitrator’s decision was in “manifest disregard of the...more

Carlton Fields

Fifth Circuit Refuses to Vacate Arbitration Award, Holds That Party’s Arguments Merely Ask for Merits Review

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The Fifth Circuit Court of Appeals recently rejected a claim that an arbitration award should be vacated by holding that the challenging party’s arguments improperly asked the court to review the merits of the arbitration...more

King & Spalding

Badgerow v. Walters: Supreme Court Narrows Federal Court Jurisdiction Over Arbitration Awards

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On March 31, the Supreme Court issued its opinion in Badgerow v. Walters, significantly narrowing federal courts’ jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Badgerow v. Walters

On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters, No. 20-1143, reversing the Fifth Circuit, and holding that federal courts may only look to the application to confirm or vacate an arbitral decision in...more

Ballard Spahr LLP

U.S. Supreme Court restricts ability of federal courts to confirm or vacate arbitration awards

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Ruling on an important Federal Arbitration Act (FAA) procedural issue that has divided the circuit courts, the U.S. Supreme Court has decided that the “look-through” approach often used in determining whether federal...more

Carlton Fields

Court Denies Petition to Vacate, Finding Petitioner Waived Objection Based on Arbitrator Impartiality

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Section 10(a)(2) of the Federal Arbitration Act allows a court to vacate an arbitration award based on “evident partiality” in the arbitrators. Citing section 10(a)(2), the petitioner moved to vacate a JAMS arbitration award...more

Carlton Fields

Maryland District Court Finds Damages Award, Not Liability Award Was “Final” Decision Triggering Time to Challenge Award Under FAA

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The plaintiff moved to vacate an arbitration award and the defendant moved to dismiss and confirm. The defendant’s dismissal motion challenged confirmation of an arbitration award, arguing that the matter was filed in...more

Mintz - Arbitration, Mediation, ADR...

Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three...

As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., does not itself provide an independent basis for subject matter jurisdiction over federal court proceedings concerning domestic...more

Burr & Forman

Fifth Circuit Finds Jurisdiction Over Post-Award Proceedings Under FAA

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While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...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

District Court Confirms $220 Million Award, Finds No Manifest Disregard of Law

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The Seneca Nation of Indians moved under Section 10 of the Federal Arbitration Act (FAA) to vacate certain arbitration awards issued in favor of the state of New York, finding that Seneca must pay the state millions in...more

Carlton Fields

Court Confirms Arbitration Award Under FAA’s Strong Presumption in Favor of Such Awards

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This case arises from a dispute over the parties’ obligations under several oil and gas leases. The parties engaged in an arbitration pursuant to an arbitration agreement. The arbitration panel entered awards in favor of...more

Bilzin Sumberg

11th Circuit Ruling Strenuously Protects Arbitration Pacts

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The Federal Arbitration Act does not preclude a court challenge to an arbitration award. The FAA, however, does establish very limited grounds for vacatur of arbitration awards. The U.S. Court of Appeals for the Eleventh...more

Carlton Fields

Maryland Federal Court Denies Untimely Request to Vacate Arbitration Award

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Pursuant to the FAA, a motion to vacate, modify, or correct an arbitration award must be served within three months after the award is filed or delivered. 9 U.S.C. § 12. Thus, a Maryland federal court held that the...more

Carlton Fields

D.C. Circuit Court Affirms $1.2 Billion Arbitration Award to Gold-Mining Company

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Crystallex International Corporation (“Crystallex”) is a Canadian gold-mining company. Crystallex acquired the rights to explore gold deposits in Venezuela through a contract. ...more

Carlton Fields

Second Circuit Joins Sister Circuits in Holding Party-Appointed Arbitrators Not Subject to Same Disclosure Requirements as Neutral...

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The Second Circuit recently held that parties seeking to vacate awards under Federal Arbitration Act Section 10(a)(2) must satisfy a higher burden in showing evident partiality by a party-appointed arbitrator. ...more

Carlton Fields

Arbitrator’s Decision On Availability Of Collective And Class Arbitration Withstands Procedural And Substantive Challenges

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A Colorado federal court recently denied DISH Network (“DISH”)’s petition to vacate an arbitration award that decided an arbitration agreement with former employee Ray permitted collective or class certification. The...more

Carlton Fields

Delaware Federal Court Confirms Arbitration Award In Commercial Dispute, Finding That The FAA Standard, And Not The Delaware...

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Roquette Freres, S.A. and Solazyme, Inc. entered into a Joint Venture Operating Agreement (the “JVOA”), which was established for the purpose of “the research and development, manufacture, distribution, sales, marketing and...more

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