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Arbitration
Florida Federal Court Rejects Arbitration Waiver Claims In Multijurisdictional Dispute
February 26, 2014
On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in international disputes, even when parallel litigation is pending in other jurisdictions. In December 2010, several entities affiliated with JSC Acron, a Moscow-based agrichemicals company, filed suit in Saskatchewan, Canada, to recover for certain breaches of fiduciary duty relating...
February 26, 2014
On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in international disputes, even when parallel litigation is pending in other jurisdictions. In December 2010, several entities affiliated with JSC Acron, a Moscow-based agrichemicals company, filed suit in Saskatchewan, Canada, to recover for certain breaches of fiduciary duty relating...
CPR Awards: Paul Lurie, Nancy Rogers, Jim Stark, Doug Frenkel and More
February 25, 2014
The International Institute for Conflict Prevention & Resolution (CPR), an independent nonprofit comprising global corporations,...
February 25, 2014
The International Institute for Conflict Prevention & Resolution (CPR), an independent nonprofit comprising global corporations,...
NASDAQ, NYSE File Amicus Brief in Support of Arbitration
February 25, 2014
NASDAQ and the NYSE Euronext, the nation's two largest stock exchanges, filed an amicus brief today with the U.S. Supreme Court in support of the Delaware Court of Chancery's confidential arbitration program. The stock exchanges are the first companies to support the Chancery Court's program through amicus briefs.
February 25, 2014
NASDAQ and the NYSE Euronext, the nation's two largest stock exchanges, filed an amicus brief today with the U.S. Supreme Court in support of the Delaware Court of Chancery's confidential arbitration program. The stock exchanges are the first companies to support the Chancery Court's program through amicus briefs.
Amici Arbitration Professors and Practitioners Weigh In on Fourth Circuit’s Manifest Disregard Opinion
February 24, 2014
The primary interest of amici is the orderly and consistent review of arbitral awards by courts in the United States when a party seeks vacatur under Section 10 of the FAA. Amici believe that the decision of the United States Court of Appeals for the Fourth Circuit in Dewan v. Walia, - F. App'x - , 2013 WL 5781207 (4th Cir. Oct. 28, 2013), applying the manifest disregard doctrine as an independent basis for vacatur and relying on an expansive view of that doctrine to vacate the arbitral award...
February 24, 2014
The primary interest of amici is the orderly and consistent review of arbitral awards by courts in the United States when a party seeks vacatur under Section 10 of the FAA. Amici believe that the decision of the United States Court of Appeals for the Fourth Circuit in Dewan v. Walia, - F. App'x - , 2013 WL 5781207 (4th Cir. Oct. 28, 2013), applying the manifest disregard doctrine as an independent basis for vacatur and relying on an expansive view of that doctrine to vacate the arbitral award...
SCOTUS Vacates CA State Employment Arbitration Opinion
February 24, 2014
In its Orders released this morning (http://www.supremecourt.gov/orders/courtorders/022414zor_19m2.pdf), the U.S. Supreme Court vacated the decision of the Second Appellate District of the Court of Appeal of California inCarmax Auto Superstores v. Fowler applying the so-called Gentry rule relating to class action waivers in arbitration agreements, and remanded the case back to the California state appellate court for further consideration in light of American Express Co. v. Italian Colors Restaurant. As...
February 24, 2014
In its Orders released this morning (http://www.supremecourt.gov/orders/courtorders/022414zor_19m2.pdf), the U.S. Supreme Court vacated the decision of the Second Appellate District of the Court of Appeal of California inCarmax Auto Superstores v. Fowler applying the so-called Gentry rule relating to class action waivers in arbitration agreements, and remanded the case back to the California state appellate court for further consideration in light of American Express Co. v. Italian Colors Restaurant. As...
Article on Trusts and Arbitration Provisions
February 20, 2014
Rachel M. Hirshberg (University of Missouri) has recently published an article entitled, You Can't Have Your Trust and Defeat...
February 20, 2014
Rachel M. Hirshberg (University of Missouri) has recently published an article entitled, You Can't Have Your Trust and Defeat...
Motion to Compel Arbitration Denied as to Non-Signatories to Agreement
February 20, 2014
In a recent case involving an unsuccessful aquatic ecosystem restoration project in Clearwater, Florida, the Middle District of Florida applied the Federal Arbitration Act to resolve an arbitrability dispute, which involved a marine and dredging construction company, its performance bond sureties, and a dredging contractor. First granting a motion to compel arbitration with respect to the construction company and the contractor, both of which had signed the arbitration agreement, the court then reviewed...
February 20, 2014
In a recent case involving an unsuccessful aquatic ecosystem restoration project in Clearwater, Florida, the Middle District of Florida applied the Federal Arbitration Act to resolve an arbitrability dispute, which involved a marine and dredging construction company, its performance bond sureties, and a dredging contractor. First granting a motion to compel arbitration with respect to the construction company and the contractor, both of which had signed the arbitration agreement, the court then reviewed...
Waiver of Right to Arbitrate is Issue for Courts, Not Arbitrators
February 19, 2014
A California appellate court has confirmed that the issue of whether a party has waived the right to arbitrate is an issue to be decided by the trial court, not the arbitrator. Defendants in a dispute regarding a stock purchase agreement moved to compel arbitration pursuant to that agreement, but only after they filed a demurrer to the complaint, moved to require plaintiffs to furnish a bond, and commenced their own lawsuit against plaintiffs for alleged misrepresentations made in connection with...
February 19, 2014
A California appellate court has confirmed that the issue of whether a party has waived the right to arbitrate is an issue to be decided by the trial court, not the arbitrator. Defendants in a dispute regarding a stock purchase agreement moved to compel arbitration pursuant to that agreement, but only after they filed a demurrer to the complaint, moved to require plaintiffs to furnish a bond, and commenced their own lawsuit against plaintiffs for alleged misrepresentations made in connection with...
Incorporating Arbitration Agreements By Reference: the Key is Reasonable Notice
February 18, 2014
In recent months, three federal circuit courts have confronted this question: can a defendant compel arbitration even in the absence of a signed written agreement containing an arbitration clause? The answers were yes, no, and maybe, but the analysis in all three turns on whether the party resisting arbitration should reasonably have known that an arbitration clause was part of the deal.
February 18, 2014
In recent months, three federal circuit courts have confronted this question: can a defendant compel arbitration even in the absence of a signed written agreement containing an arbitration clause? The answers were yes, no, and maybe, but the analysis in all three turns on whether the party resisting arbitration should reasonably have known that an arbitration clause was part of the deal.
Court Approves Arbitrator’s Allowance of Class Arbitration by Estoppel
February 17, 2014
In Hill v. Wackenhut Services International, an employment-related dispute involving alleged unpaid compensation for employees’ work on American military bases overseas, the U.S. District Court for the District of Columbia upheld an arbitral award authorizing class arbitration, basing its decision on the extremely limited availability of judicial review of arbitral awards and two Supreme Court cases. Stolt-Nielsen S.A. v. Animal Feeds International Corp. (2010) held that a court may not uphold...
February 17, 2014
In Hill v. Wackenhut Services International, an employment-related dispute involving alleged unpaid compensation for employees’ work on American military bases overseas, the U.S. District Court for the District of Columbia upheld an arbitral award authorizing class arbitration, basing its decision on the extremely limited availability of judicial review of arbitral awards and two Supreme Court cases. Stolt-Nielsen S.A. v. Animal Feeds International Corp. (2010) held that a court may not uphold...
