On Wednesday, November 7, 2007, the United States Supreme Court heard oral arguments in Hall Street Associates, LLC v. Mattel, Inc., No. 06-989, in which the court is examining whether parties can contract for arbitration agreements that allow for judicial review of an arbitrator’s decision beyond that which is already provided for in the Federal Arbitration Act (“FAA”).
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Arbitration
Nevada Court Vacates Arbitrator’s Award of Punitive, Other Damages
By Troutman Pepper Locke on
Recently, the United States District Court for the District of Nevada vacated an arbitration panel’s award that consisted of, among other things, punitive damages, finding that the award was in manifest disregard of the law and outside the scope of the panel’s jurisdiction.
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Ninth Circuit Finds Evident Partiality In Arbitrator’s Failure To Investigate Potential Conflicts Arising From New Employment
By Troutman Pepper Locke on
Recently, in New Regency Productions, Inc. v. Nippon Herald Films, Inc., No. 05-55224 (9th Cir. Sept. 4, 2007), the United States Court of Appeals for the Ninth Circuit upheld a district court’s vacatur of an arbitration award based upon evident partiality of the arbitrator, holding that an arbitrator has a duty to investigate possible conflicts arising from new employment and an obligation to disclose that employment to the parties.
Seventh Circuit Enforces 30-Day Deadline to Select Party-Appointed Arbitrator
By Troutman Pepper Locke on
The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s decision finding that a cedent’s appointment of an arbitrator in a reinsurance arbitration was invalid because it did not fall within the time limitations set forth by the reinsurance contract at issue.
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Court Rules That Four Separate Panels Must Resolve Arbitration Consolidation Issues
By Troutman Pepper Locke on
Recently, in Argonaut Ins. Co. v. Century Indemnity Co., No. 05-5355 (E.D. Pa. September 5, 2007), the United States District Court for the Eastern District of Pennsylvania was asked to determine which of four arbitration panels should decide the question of whether individual arbitration proceedings should be consolidated.
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Enforceability of Arbitration Agreements to be Decided by Tenth Circuit
By Troutman Pepper Locke on
The Reinsurance Association of American (“RAA”) recently joined a reinsurer in urging the United States Court of Appeals for the Tenth Circuit to overturn a decision of the Northern District of Oklahoma that held that Oklahoma’s Uniform Arbitration Act (the “Oklahoma Act”) prohibits arbitration agreements in reinsurance contracts.
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No Right To New York Review Of Arbitration Decision Under Bermuda Form Arbitration Clause
By Troutman Pepper Locke on
A recent ruling from the English Commercial Court illuminates one risk with the use of the Bermuda form arbitration clause: if the losing party is dissatisfied with the arbitration result, it may not be permitted to challenge the result under New York law in a New York court, but may instead be limited to challenging the arbitration award under English law in English court.
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Federal District Court in Connecticut Appoints Umpire in Reinsurance Arbitration
By Troutman Pepper Locke on
In a dispute concerning the appointment of an umpire in a reinsurance arbitration, the federal district court of Connecticut held that it, and not the parties, should appoint the umpire and appointed Robert M. Hall to serve on the arbitration panel.
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Second Circuit Establishes a New Standard for Arbitrator Bias
By Troutman Pepper Locke on
A recent decision originating from the United States Court of Appeals for the Second Circuit has established a new standard for determining issues of arbitrator bias.
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District Court Enforces Arbitration Agreement
By Troutman Pepper Locke on
On January 20, 2006, Century Indemnity Company filed suit in the United States District Court for the Southern District of New York against Clearwater Insurance Company (“Clearwater”) seeking payment under a facultative reinsurance certificate that contained an arbitration clause.