Arbitration

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In John Foster Emmott (Emmott) v. Michael Wilson & Partners Limited (MWP) [2009] EWHC 1 (Comm) the Court had to consider two applications brought by Emmott pursuant to the Arbitration Act 1996 (AA): (1) for an order requiring MWP to comply with a peremptory order (an order to do something within a particular time period) made by an arbitration tribunal (section 42 AA); (2) for a freezing order (section 44 AA). 

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Read More UK: Court Considers its Supervisory Powers Over Arbitration

This past year we’ve followed the U.S. Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989 (U.S. Mar. 25, 2008), and whether courts have interpreted it as eliminating the doctrine of manifest disregard of the law, a judicially-created concept that provides parties with a basis for challenging an arbitration award beyond those grounds enumerated in the Federal Arbitration Act (“FAA”). …
Read More Did Hall Street Eliminate Manifest Disregard of the Law as a Valid Basis for Vacating or Modifying Arbitration Awards? A 2008 Summary of Conflicting Decisions

Insurance Company of North America and INA Reinsurance Company (“INA”) reinsured Public Service Mutual Insurance Company (“PSMIC”) pursuant to a series of excess of loss reinsurance contracts, effective from 1971 to 1986 (the “Reinsurance Contracts”).  In 2005, PSMIC settled a claim against its insured, Deleet Merchandising Corporation, at a site in Newark, New Jersey (the “Deleet claim”) and allocated the loss pro-rata over fifteen insurance policies PSMIC had issued to Deleet between 1971 and 1986.  PSMIC then billed its reinsurers, including INA, for the Deleet claim based upon this allocation. 

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Read More New York Federal Court Finds that Arbitrator’s Resignation Due to Illness Means that Arbitration Must Start Over From the Beginning

In a recent decision of the United States Court of Appeals for the Fifth  Circuit, Safety National Cas. Corp. v. Certain Underwriters at Lloyd’s of London, No. 06-30262 (5th Cir. Sept. 29, 2008), the court held that the McCarran-Ferguson Act (“McCarran-Ferguson”) does not cause a state law regulating the business of insurance to “reverse preempt” the provisions of a United States treaty. 

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Read More Fifth Circuit Rules New York Convention Not “Reverse Preempted” By Louisiana Statute

Plaintiffs Matria Healthcare LLC f/k/a Matria Healthcare, Inc. (“Matria”) moved to compel the depositions of Angus M. Duthie and Thomas Hannon, non-parties in an arbitration that was pending before the American Arbitration Association. 

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Read More Illinois Federal Court Finds That Arbitrator Cannot Compel Prehearing Depositions of Non-Parties Under the Federal Arbitration Act

In August, a group of cedents filed a petition to confirm an arbitration award (the “Final Award”) entered in their favor against their reinsurer, National Casualty Company.  National Casualty moved to dismiss the motion to confirm based upon lack of subject matter jurisdiction, arguing that the Final Award did not satisfy the amount in controversy requirement. …
Read More Federal Court Orders Arbitration Award To Be Sealed Temporarily

In Michael Wilson & Partners Limited (A company incorporated in the British Virgin Islands) v John Forster Emmott [2008] EWHC 2684 (Comm), the court was asked to consider whether a decision of an arbitral tribunal consisting of an answer to two procedural questions was an award as to its substantive jurisdiction, and as such open to challenge under s.67 Arbitration Act 1996 (the Act). 

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Read More The English High Court Considers the Challenge of Arbitration Awards Under s.67 Arbitration Act 1996

In Kenney, Becker LLP, et al. v. Kenney, 2008 U.S. Dist. LEXIS 1995 (S.D.N.Y. 2008), the United States District Court for the Southern District of New York held that a party that issued a nonparty subpoena in an arbitration arising under the Federal Arbitration Act (“FAA”) in bad faith and without the panel’s approval was subject to sanctions under both Rule 45 of the Federal Rules of Civil Procedure and the court’s inherent authority to impose attorneys’ fees. 

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Read More New York Federal Court Sanctions Party for Issuing Improper Nonparty Subpoena in Arbitration

In Improv West Associates, et al. v. Comedy Club, Inc., 514 F.3d 833 (9th Cir. 2007), the U.S. Court of Appeals for the Ninth Circuit vacated an arbitration award on the basis that the arbitrator’s refusal to abide by well-established California law in rendering its decision was in manifest disregard of the law. 

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Read More U.S. Supreme Court Vacates Court of Appeals’ Decision Applying Manifest Disregard of the Law Standard to Arbitration Award, Remands for Consideration in Light of Hall Street