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All articles tagged '"arbitral award"'
81 articles found
Article | The Errors of Comity: Forum Non Conveniens Returns to the Second Circuit
By Victoria VanBuren - May 2, 2012
We invite you to read Professor Alan Scott Rau’s (pictured right) most recent article entitled “The Errors of Comity: Forum Non Conveniens Returns to the Second Circuit,” American Review of International Arbitration, Forthcoming August 2012, Energy Center Research Paper No. 12-04. Here is the abstract: What a federal court is expected to do when asked to enforce a foreign arbitral award — what constraints the Conventions i
Recent Developments in International Arbitration | March, 2012
By Victoria VanBuren - March 22, 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): Malaysia: Court rules on enforcement of foreign arbitral award USA: Supreme Court reaffirms pro-arbitration stance India: Amendment of grounds in application for challenging arbitral awards Switzerland: Supreme Court saves pathological arbitration clause Turkey: Chamb
Recent Developments in International Arbitration | Feb. 2012
By Victoria VanBuren - February 16, 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): Brazil: Courting arbitration: specialised chamber decides first arbitration cases Canada: Stay denied where dispute fell under oral agreement and outside arbitration clause Greece: Appeal court considers law governing objective arbitrability Kenya: Aspects of arbitrat
Chartered Institute of Arbitrators |The Alexander Lecture 2011, London Nov. 16
By Victoria VanBuren - November 8, 2011
The Chartered Institute of Arbitrators (CIArb) will host its annual Alexander Lecture. President of the UK Supreme Court and CIArb Patron The Right Hon the Lord Phillips of Worth Matravers will analyse the judgments made by the Supreme Court and the Paris Court of Appeal in the landmark case of Dallah v Pakistan. Lord Phillips will consider why the two courts came to different conclusions, exploring the possible implications for the arbitration c
Fifth Circuit Finds Corporate Officers Not Personally Bound by Arbitration Agreement and Overturns Arbitral Award
By Victoria VanBuren - September 1, 2011
The United States Court of Appeals for the Fifth Circuit has held that corporate officers are not bound personally by an arbitration agreement and overturned an arbitral award. In DK Joint Venture 1 v. Weyand, No. 09-11000 (5th Cir. August 4, 2011) six business entities (the “plaintiffs”) filed an arbitration demand against Richard Weyand and Peter Theiessen and fifteen corporations controlled by them (the “defendants”). W
Texas Court of Appeals Vacates Arbitration Award Based on Evident Partiality
By Victoria VanBuren - June 1, 2011
The Texas Fourteenth Court of Appeals affirmed the trial court’s denial of confirmation of an arbitral award. In AMOCO D.T. Co.v. Occidental Petroleum Corp., NO. 14-09-00651-CV, (Tex. App.–Houston [14th Dist.] May 17, 2011, Amoco D.T. Company (“Amoco”) and Shell Land & Energy Company (“Shell”) entered into a purchase-and-sale agreement with Occidental Petroleum Corporation (“Oxy”). Pursuant to the agreement, Oxy made a demand for
Dallas COA Refuses to Seal Arbitration Award Despite Parties’ Agreement
By Beth Graham - March 21, 2011
The Dallas Court of Appeals has held that a trial court properly rejected a party’s motion to seal an arbitration award as part of an enforcement petition despite the existence of a confidentiality agreement between the parties. In McAfee v. Weiss, 05-09-01102-CV (Tex. App. – Dallas, March 16, 2011), Kevin M. Weiss filed a petition to confirm an arbitration award against McAfee in state court. Weiss, a former president at McAfee, Inc. was t
Beaumont COA Holds Section 9 of the FAA Established One Year SOL
By Beth Graham - March 18, 2011
The Beaumont Court of Appeals has held in a memorandum opinion that Section 9 of the Federal Arbitration Act (“FAA”) established a mandatory one year statute of limitations for the enforcement of arbitral awards. In Arthur v. FIA Card Services, N.A., No. 09-09-00520-CV, (Tex. App. – Beaumont, March 10, 2011), Sally LaRue Arthur (“LaRue”) appealed a judgment which confirmed a National Arbitration Forum (“NAF”) award because she was served with a m
Houston COA Holds Challenge to Applicability of FAA Was Waived
By Beth Graham - March 8, 2011
The Houston [1st] Court of Appeals has held a party to a transportation worker employment contract waived any challenges to the application of the Federal Arbitration Act (FAA) “by invoking it in the trial court.” In Morris v. Thomas Petroleum, No. 01-09-01065-CV, (Tex. App. – Houston [1st], March 3, 2011), Thomas Petroleum, Inc. and Thomas Fuels, Lubricants and Chemicals (collectively, “Thomas”) appealed a trial court’s confirmation of an arbitr
S.D. of Texas Vacates Arbitral Award Based On Evident Partiality
By Beth Graham - February 2, 2011
The Southern District of Texas has held that an affidavit from a party’s attorney may be considered by a court when deciding a motion to vacate an arbitral award based upon evident partiality. In Dealer Computer Svcs., Inc. v. Michael Motor Co., Inc., No. H-10-2132, (S.D. Tex. December 29, 2010), Dealer Computer Services (Dealer Services) entered into a contract for the purchase of a computer system and service with Michael Motor Company, an auto
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