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Arbitration Corporate Counsel Arbitration Awards

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
WilmerHale

D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States

WilmerHale on

In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more

Sheppard Mullin Richter & Hampton LLP

Highlights of the Draft Amendment to the Arbitration Law of China

Since its implementation in 1995, the Arbitration Law of China (the “Current Arbitration Law”) has not undergone significant revisions, despite the substantial development in international arbitration practices. However, in...more

Troutman Pepper

Say What You Mean and Mean What You Say: Chancery Court Confirms Arbitration Award Requiring Seller to Pay Buyer $87 Million for...

Troutman Pepper on

In a recent order, the Delaware Court of Chancery “reluctantly” confirmed an arbitrator’s award arising from a post-closing purchase price adjustment dispute between a seller of a chain of grocery stores and a private equity...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Snell & Wilmer

RICO Statute May Be Used To Enforce Arbitration Awards by Foreign Nationals Says U.S. Supreme Court

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On June 22, 2023, the U.S. Supreme Court ruled that the U.S. Racketeer Influenced and Corrupt Organizations Act, commonly known as the RICO statute, may be used to enforce a foreign arbitration award. The Court’s opinion in...more

Littler

25 Key Developments in Canadian Labour and Employment Law in 2022

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In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

Littler

Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies

Littler on

Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this...more

Parker Poe Adams & Bernstein LLP

Supreme Court Limits Federal Jurisdiction over Arbitration Awards

Last week in Badgerow v. Walters, the United States Supreme Court held in an 8-1 decision that under the Federal Arbitration Act, a federal court cannot consider an underlying dispute to determine whether it has federal...more

Miller Canfield

Supreme Court Limits Federal Court Jurisdiction Under the Federal Arbitration Act

Miller Canfield on

In a little-noticed recent decision, a nearly-unanimous U.S. Supreme Court significantly narrowed the jurisdiction of the federal courts to confirm, vacate or modify arbitration awards under the Federal Arbitration Act (FAA)....more

Jackson Lewis P.C.

U.S. Supreme Court Rejects Courts’ Use of ‘Look-Through’ Approach in Reviewing Arbitration Awards

Jackson Lewis P.C. on

A federal court must have an independent jurisdictional basis to confirm or vacate an arbitration award and cannot “look through” to the underlying dispute to establish jurisdiction, the U.S. Supreme Court has ruled in a case...more

BakerHostetler

The Supreme Court Now To Determine the Boundaries of Federal Court Jurisdiction Over Federal Arbitration Act Proceedings

BakerHostetler on

The U.S. Supreme Court has now granted certiorari to decide if federal courts have subject matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (FAA), Sections 9 and 10.  9 U.S.C. §§...more

Cranfill Sumner LLP

2021 Trends in International Arbitration

Cranfill Sumner LLP on

In review of the 2020 statistics from various arbitral institutions, the clear message is that international businesses have had a taste of virtual arbitrations and they like it. Record-breaking caseloads (and amounts in...more

Carlton Fields

Ninth Circuit Vacates “Bizarre” Arbitration Award in Drug-Related Employment Termination Dispute

Carlton Fields on

In a 2-1 decision, the Ninth Circuit Court of Appeals recently reversed a district court’s order confirming an arbitration award in favor of a former Costco employee who had been fired for selling cocaine on company property....more

Miller Canfield

Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed

Miller Canfield on

People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted....more

Proskauer - Labor Relations Update

Federal Appeals Court Vacates Arbitration Award, Concluding Arbitrator Issued Own “Brand of Industrial Justice”

In the field of labor relations, there exist some rare occurrences, things that happen so seldom that it seems as if they are impossible.  As we’ve previously discussed, one such “unicorn sighting” is the NLRB overturning an...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit and New York Appellate Division Decisions Affirm Pro-Arbitration Policies

• In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel manifestly disregarded the law. The Appellate Division...more

Proskauer - Minding Your Business

Pivot to Arbitration: China Embraces Arbitration to Promote Investment

In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt and...more

Foley & Lardner LLP

Arbitrator Awards $40 Million in Gender and Sexual Orientation Case

Foley & Lardner LLP on

Employers face several trade-offs when considering the implementation of mandatory arbitration policies. One of the positive attributes of arbitration, from an employer’s perspective, is the avoidance of a runaway jury award....more

Wilson Sonsini Goodrich & Rosati

Recent $455 Million Payment Reaffirms Certainty of International Arbitral Awards

One of the most often overlooked features of arbitration in the context of international commercial disputes is the certainty provided by a final award. Recently, Dow Agrosciences paid Bayer Cropscience more than $455 million...more

Burr & Forman

Circuits Split on “Look-Through” Jurisdiction Over Arbitration Awards

Burr & Forman on

Within weeks, the Second and Third Circuits reached opposite conclusions over federal jurisdiction to confirm, modify or vacate arbitration awards.  The Second Circuit now allows courts to look through the face of the...more

Carlton Fields

Second Circuit Upholds Confirmation Of Mexican Arbitration Award And Denial Of Comity To A Contrary Mexican Judgment

Carlton Fields on

On December 12, 2013, we reported on a United States District Court’s confirmation of a roughly $400 million Mexican arbitration award entered against an oil company affiliated with the Mexican government, notwithstanding...more

Weintraub Tobin

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

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California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman...more

Carlton Fields

Court Vacates Arbitration Award Where Arbitration Held Under Incorrect Arbitration Rules

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A federal judge in Houston recently vacated an arbitration award where the reinsurance agreement specified that the arbitration of any disputes would proceed “under the auspices of the ICC,” but the arbitration actually...more

Goodwin

Seven Things You Should Know About Arbitration Clauses

Goodwin on

Arbitration clauses are routinely added to commercial contracts, but often with very little reflection on the many strategic and tactical issues that should be considered. Further, there is a great deal of misunderstanding of...more

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