Arbitration

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In the case of Noble Denton Middle East and Another v Noble Denton International Limited [2010] EWHC 2574, Mr Justice Burton was asked to decide two points. First, whether an arbitrator should be appointed by virtue of an application made under s. 18 of the Arbitration Act 1996; and, second, whether those arbitration proceedings should be stayed in favour of Texas proceedings. …
Read More UK: High Court Refuses Stay in Favour of Arguable Arbitration Clause

In Guangzhou Dockyards Co Ltd v ENE Aegialii [2010] EWHC 2826 (Comm), Mr Justice Blair dismissed an application which had sought to appeal against an arbitration award on an issue of fact. …
Read More UK: English High Court Rules on Permissibility of an Appeal Against an Arbitral Award on a Point of Foreign Law

The U.S. Court of Appeals for the Third Circuit recently affirmed a District Court’s vacatur of an arbitration award because the arbitration panel exceeded its authority in ordering relief not sought by either of the parties and removing from the parties’ reinsurance agreement a material provision. …
Read More Third Circuit Affirms District Court’s Vacatur of Arbitration Award, Finding That the Panel Exceeded its Powers by Awarding Relief Not Sought by Either Party

R&Q Reinsurance Co. v. American Motorist Ins. Co., involved a dispute arising under a series of reinsurance treaties entered into by the parties.  Pursuant to the arbitration clauses in the treaties, their dispute was heard by a panel of arbitrators, which issued its “Final Award” on February 5, 2010. …
Read More Illinois Federal Court Rules that Reinsurer’s Motion to Vacate Arbitration Award is Untimely Under the Federal Arbitration Act

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd [2010] EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer’s liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned. …
Read More UK: High Court Provides Clarity on Time Limits in Arbitration Clauses

In Johnson v. Gruma Corp., No. 08-56911 (9th Cir. 2010), the Ninth Circuit Court of Appeals – applying the California Arbitration Act (“CAA”) in lieu of the Federal Arbitration Act (“FAA”) – affirmed a District Court decision refusing to vacate an arbitration award on the ground that the arbitrator failed to disclose his wife’s former professional relationship with the law firm ultimately retained to represent the respondent in the arbitration. …
Read More Ninth Circuit Finds That Parties Agreed to Apply the Arbitrator Disclosure and Vacatur Standards of the California Arbitration Act, Not the FAA

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York.  After an award was rendered in NGC’s favor, it commenced an action in the U.S. District Court for the Southern District of New York and moved to confirm.  PAC opposed the motion and cross moved to transfer, stay or dismiss the action. …
Read More Federal Court Finds That the Proper Venue for a Motion to Confirm an Arbitration Award is the District in Which the Hearing Was Held, Not Where the Award was Signed

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund (“LSAT”) recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts. …
Read More Cedent Contends that U.S. Supreme Court Should Resolve Circuit Split Concerning Whether Convention Preempts State Law Precluding Arbitration

In Travelers Insurance Company v Countrywide Surveyors Ltd [2010] EWHC 2455 (TCC), the High Court held that it had no jurisdiction to order pre-action disclosure where the potential dispute between the parties was subject to an arbitration agreement. …
Read More UK: English High Court Rules on Application of Pre-Action Disclosure to Potential Arbitration Disputes