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All articles tagged '"arbitral award"'
81 articles found
Corpus Christi COA Upholds $31 Million Arbitral Award
By Beth Graham - May 1, 2013
The 13th District of Texas has upheld an arbitral award in an investment dispute. Shor also stated the agreements between Seashore and Black required the parties to resolve any disputes through arbitration and requested pre-arbitration discovery.
Dallas Appeals Court Holds Arbitral Award Must Stand in Construction Dispute
By Beth Graham - April 27, 2013
The Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision to confirm an arbitral award in a construction dispute. In Goldman v. Buchanan, Beryl Goldman entered into a contract to design and build a new house with an architect, Russell Buchanan, and a builder, Lawrence Wallace. The parties' agreement contained an arbitration provision.
Fifth Circuit Reinstates Arbitral Award in Video Game Dispute
By Beth Graham - April 16, 2013
The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. After Gamecock filed a motion to confirm the arbitral award in district court, Timegate argued the arbitrator exceeded his authority in crafting the perpetual license portion of the award.
Houston Appeals Court Finds Arbitrator Exceeded His Authority in Case Against Non-Signatory
By Beth Graham - March 28, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employmen
Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute
By Beth Graham - March 19, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan
Fifth Circuit Refuses to Confirm Foreign Arbitral Award Due to Lack of Jurisdiction
By Beth Graham - February 14, 2013
In a case of first impression, the United States Fifth Circuit Court of Appeals affirmed a district court’s refusal to confirm a foreign arbitral award due to lack of personal jurisdiction. In First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited, No. 12-30377 (5th Cir. revised Jan. 17, 2013), First Investment Corporation of the Marshall Islands (“First Investment”) entered into a series of contracts to purcha
Former Client Disputes Arbitration Decision Awarding $3M in Attorney Fees
By Beth Graham - February 7, 2013
On January 29th, a unique case was filed in Dallas County. In Parallel Networks, Inc. v. Jenner & Block, LLP, a former client of the law firm filed a motion to vacate an arbitral award of $3 million in attorney fees. In the case, Jenner & Block represented Parallel Networks on a contingency fee basis in a lawsuit against Oracle. After losing a motion for summary judgment, the law firm reportedly determined that Parallel Networks was unlik
2012 Developments in International Arbitration
By Victoria VanBuren - December 28, 2012
Today, Disputing continues its 2012 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2012 by the International Law Office (free registration is required to view the articles): Austria: Costly decision: court refuses to set aside arbitral award Austria: Supreme Court defines limits of arbitration agreements Austria: Supreme Court takes restrictive view on state immunity Brazil: Bum
Recent Developments in International Arbitration | October, 2012
By Victoria VanBuren - October 25, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): United Kingdom: Law governing arbitration has closest connection to law of the seat Brazil: Bumps in the road to infrastructure arbitration Nigeria: Court rules on timeframe for proceedings to enforce arbitral awards USA: District court grants Section 1782 discovery i
GUEST-POST | Survey on Current and Preferred Practices in Arbitration
By Victoria VanBuren - October 4, 2012
by Michael McIlwrath The new international survey on arbitral practices has just been released. This iteration (the 4th), conducted by the School of International Arbitration of Queen Mary University and White & Case, captured responses from 710 in-house counsel, external counsel specialists, and arbitrators. It sought to answer these questions: to what extent are truly harmonized practices emerging in international arbitration? And if such p
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