Arbitration

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In a departure from recent rulings by other federal circuit courts on this issue, the U.S. Court of Appeals for the Fifth Circuit has held that manifest disregard of the law is no longer a valid basis for vacating arbitration awards under the Federal Arbitration Act (“FAA”). …
Read More Fifth Circuit Finds That Manifest Disregard of the Law Has Been Abrogated By Hall Street

On October 5, 2009, the U.S. Supreme Court denied writs of certiorari in three cases that examined whether manifest disregard of the law remains a valid basis for challenging arbitration awards in light of the Court’s decision last year in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008). …
Read More U.S. Supreme Court Denies Certiorari for Three Cases Concerning Manifest Disregard of the Law

The Association of Insurance and Reinsurance Run-Off Companies (“AIRROC”) has announced the formal launch of the Dispute Resolution Procedure (“DRP”), an expedited binding arbitration procedure especially designed for small and less-complicated claims. …
Read More AIRROC Launches Expedited Binding Arbitration Procedure for Small Claims

Idea Nuova, Inc. moved in the U.S. District Court for the Southern District of New York to vacate or modify an arbitration award issued in favor of GM Licensing Group, Inc.  The bases for Idea Nuova’s motion included, among other things, that the arbitrator had acted in manifest disregard of the law. …
Read More New York District Court Recognizes Continued Viability of Manifest Disregard of the Law in the Second Circuit

In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge. 

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Read More Seventh Circuit Rules that Challenge to a Replacement Arbitrator Must be Made at the Time of the Appointment and Not at the Conclusion of the Arbitration

In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. § 1782 for discovery for use in a private international arbitration proceeding.  Section 1782 provides a mechanism by which parties to a foreign or international proceeding may petition a federal district court to order a party residing in that district to provide documentary or testimonial evidence to a foreign or international tribunal. …
Read More Fifth Circuit Affirms Denial of Request for Discovery for Use in a Private International Arbitration Proceeding Pursuant to 28 U.S.C. § 1782

Republic Western Insurance Company (“Republic”) reinsured certain workers’ compensation policies issued by Reliance Insurance Company.  In October 2001, Reliance was placed into liquidation under the supervision of the Liquidator.  After Republic failed to pay certain claims arising under its reinsurance treaties with Reliance, the Liquidator demanded arbitration. 

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Read More Reinsurer’s Motion to Seal Documents Related to Arbitration Granted by Pennsylvania Court

In Shell Egypt West Manzala GmbH & Others v Dana Gas Egypt Limited (formerly Centurion Petroleum Corporation) [2009] EWHC 2097 (Comm) Dana Gas Egypt Limited (Dana) submitted that the court had no jurisdiction to hear Shell’s application for permission to appeal, allowed under section 69(1) of the Arbitration Act (the Act), or any substantive appeal because of the phrase “final, conclusive and binding” in the relevant arbitration clause. 

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Read More UK: Can the Right to Appeal an Arbitration Award Under the Arbitration Act 1996 be Excluded?

The applicant, Midgulf, was a trader in sulphur. Groupe Chimiche Tunisien was a state-owned company of Tunisia which had a demand for sulphur. The parties entered into a contract in June 2008 for the sale of 23,000 mt of sulphur by Midgulf to Groupe Chimiche Tunisien, which included a clause for London arbitration. A second, July, contract was for the sale and purchase of 150,000 mt of sulphur at $895 per ton. This was agreed between the parties orally. …
Read More UK: Agreement to Arbitrate: MIDGULF INTERNATIONAL LTD v GROUPE CHIMICHE TUNISIEN

In Josef Syska (Administrator of Elektrim SA (in bankruptcy) and Elektrim SA (in bankruptcy) v Vivendi Universal SA & Others [2009] EWCA Civ 677 the main question to be decided by the Court of Appeal was whether, when an arbitration is proceeding in one Member State of the European Union, in this case the UK, and one of the parties to the arbitration becomes insolvent in another Member State, in this case Poland, the consequences of that insolvency, in so far as they affect the arbitration, are to be determined by the law of the Member State where the insolvency proceedings have been instituted or the law of the Member State in which arbitration is taking place. 

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Read More UK: Arbitration and Insolvency