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Arbitration
Fifth Circuit Un-Vacates Arbitration Award, Offering Guidance to District Courts
March 2, 2015
“When an arbitration goes an opponent’s way on the basis of questionable contract interpretation, parties often seek refuge in [Section] 10(a)(4). But the Supreme Court has made clear that district courts’ review of arbitrators’ awards under [that Section] is limited to the ‘sole question… of whether the arbitrator (even arguably) interpreted the parties contract.'” Those two sentences of the Fifth Circuit’s recent opinion in BNSF Railway Co. v. Alstom Transportation, Inc., __F.3d__,...
March 2, 2015
“When an arbitration goes an opponent’s way on the basis of questionable contract interpretation, parties often seek refuge in [Section] 10(a)(4). But the Supreme Court has made clear that district courts’ review of arbitrators’ awards under [that Section] is limited to the ‘sole question… of whether the arbitrator (even arguably) interpreted the parties contract.'” Those two sentences of the Fifth Circuit’s recent opinion in BNSF Railway Co. v. Alstom Transportation, Inc., __F.3d__,...
Online Workspaces Are Changing Litigation and Arbitration
February 28, 2015
As litigation becomes more global and attorneys’ relationships with clients become more value-driven, technology becomes an increasingly important part of law firm strategy. Law firms have already been transformed by the adoption of technologies that automate repetitive tasks like document assembly and help legal teams respond to the new world of big data and electronic discovery. Little attention, however, has been paid to technology that helps attorneys “lawyer” better. Just as doctors...
February 28, 2015
As litigation becomes more global and attorneys’ relationships with clients become more value-driven, technology becomes an increasingly important part of law firm strategy. Law firms have already been transformed by the adoption of technologies that automate repetitive tasks like document assembly and help legal teams respond to the new world of big data and electronic discovery. Little attention, however, has been paid to technology that helps attorneys “lawyer” better. Just as doctors...
Utah Federal Court Stays Proceedings Under Miller Act Pending Arbitration
February 20, 2015
The core issue facing a federal court in Utah was whether it should stay the proceedings pending resolution of related arbitration proceedings involving sureties which issued payment bonds under the Miller Act. A dispute arose among various parties involved in the construction of a project called the Utah Data Center. Cache Valley Electric Company sued Truland Systems which subcontracted Cache to perform certain electrical work on the project. In accordance with the Miller Act, Truland, which had been...
February 20, 2015
The core issue facing a federal court in Utah was whether it should stay the proceedings pending resolution of related arbitration proceedings involving sureties which issued payment bonds under the Miller Act. A dispute arose among various parties involved in the construction of a project called the Utah Data Center. Cache Valley Electric Company sued Truland Systems which subcontracted Cache to perform certain electrical work on the project. In accordance with the Miller Act, Truland, which had been...
The Importance Of Selecting An Available Arbitration Forum
February 19, 2015
The Eleventh Circuit affirmed a Florida district court’s denial of Cashcall’s motion to compel arbitration, as the forum selected in the parties’ loan agreement was not available. Appellee Abraham Inetianbor initially borrowed $2,600 from Western Sky Financial LLC. He subsequently repaid $3,252.65 to the servicer of the loan, CashCall, over twelve months. Mr. Inetianbor refused to pay a subsequent bill from Cashcall because he believed his financial obligations had been fulfilled. CashCall...
February 19, 2015
The Eleventh Circuit affirmed a Florida district court’s denial of Cashcall’s motion to compel arbitration, as the forum selected in the parties’ loan agreement was not available. Appellee Abraham Inetianbor initially borrowed $2,600 from Western Sky Financial LLC. He subsequently repaid $3,252.65 to the servicer of the loan, CashCall, over twelve months. Mr. Inetianbor refused to pay a subsequent bill from Cashcall because he believed his financial obligations had been fulfilled. CashCall...
eDiscovery in Arbitrations
February 19, 2015
The American College of e-Neutrals (ACESIN) and the American Arbitration Association will conduct a training program entitled “Arbitrating in a Digital World – An eDiscovery Course for AAA® Neutrals” in 2015 in Los Angeles on February 19 & 20, Chicago on April 9 & 10, New York on June 11 & 12, and Washington, DC on September 24-25. The training will be conducted by Allison Skinner, A.J. Krouse, and [Peter Vogel]. If you are interesting in signing up for this program please check out this...
February 19, 2015
The American College of e-Neutrals (ACESIN) and the American Arbitration Association will conduct a training program entitled “Arbitrating in a Digital World – An eDiscovery Course for AAA® Neutrals” in 2015 in Los Angeles on February 19 & 20, Chicago on April 9 & 10, New York on June 11 & 12, and Washington, DC on September 24-25. The training will be conducted by Allison Skinner, A.J. Krouse, and [Peter Vogel]. If you are interesting in signing up for this program please check out this...
Fifth Circuit Dismisses For Lack Of Appellate Jurisdiction Appeal Of Order Compelling Arbitration
February 18, 2015
The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other insurance companies. The Fifth Circuit held that the district court’s order was not a final, appealable order within the meaning of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the Federal Arbitration Act. The district court had granted...
February 18, 2015
The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other insurance companies. The Fifth Circuit held that the district court’s order was not a final, appealable order within the meaning of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the Federal Arbitration Act. The district court had granted...
It’s All About that Clause, ‘bout that Clause
February 16, 2015
All of the foregoing attributes of arbitration, however, can only be achieved if the arbitration clause is properly drafted...
February 16, 2015
All of the foregoing attributes of arbitration, however, can only be achieved if the arbitration clause is properly drafted...
Neutral Analysis and Second Opinions
February 12, 2015
Corporate counsel—under seemingly never-ending pressure to contain costs—have a wide array of dispute resolution tools...
February 12, 2015
Corporate counsel—under seemingly never-ending pressure to contain costs—have a wide array of dispute resolution tools...
Rare Claim Falls Outside Arbitration Agreement, Creates Piecemeal Litigation
February 10, 2015
Because of the strong federal policy favoring arbitration, and cases providing that any doubt about the scope of an arbitration agreement must be resolved in favor of arbitration, it is uncommon to find a decision holding that the parties’ claims are not within the scope of their arbitration agreement. But, the Supreme Court of Alabama held exactly that in Porter v. Williamson, __ So.3d__, 2015 WL 403081 (Ala. Jan. 30, 2015). Porter involves a family drama in which two brothers owned investment...
February 10, 2015
Because of the strong federal policy favoring arbitration, and cases providing that any doubt about the scope of an arbitration agreement must be resolved in favor of arbitration, it is uncommon to find a decision holding that the parties’ claims are not within the scope of their arbitration agreement. But, the Supreme Court of Alabama held exactly that in Porter v. Williamson, __ So.3d__, 2015 WL 403081 (Ala. Jan. 30, 2015). Porter involves a family drama in which two brothers owned investment...
Special Masters: How To Make the Best of Both Worlds, Part V
February 6, 2015
In Part Four we began to discuss solutions (not just problems), and urged that a first step in incentivizing counsel to hold down litigation costs is to have a neutral oversee the process of discovery closely enough (1) to make it in counsel’s interest to act reasonably in the first place; and (2) to rule on unreasonable demands or failures to respond to discovery quickly, so that they gain no tactical advantage. A second step is to have a decision-maker employ not just legal expertise, or subject...
February 6, 2015
In Part Four we began to discuss solutions (not just problems), and urged that a first step in incentivizing counsel to hold down litigation costs is to have a neutral oversee the process of discovery closely enough (1) to make it in counsel’s interest to act reasonably in the first place; and (2) to rule on unreasonable demands or failures to respond to discovery quickly, so that they gain no tactical advantage. A second step is to have a decision-maker employ not just legal expertise, or subject...
