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All articles tagged '"arbitral award"'
81 articles found
Supreme Court Denies Cert in Manifest Disregard Case
By Beth Graham - December 15, 2010
On Monday, the U.S. Supreme Court denied certiorari in Certain Underwriters at Lloyd’s, London v. Lagstein, 10-534. The case sought to address whether a “manifest disregard of the law” standard of review for arbitration awards remains after the Court’s decision in Hall Street Associates, L.L.C v. Mattell, Inc., 552 U.S. 576 (2008). In the case, Lagstein, a medical doctor, filed a claim for disability benefits under a policy he p
Manifest Disregard Round-Up
By Beth Graham - October 20, 2010
Mike Wolgin of the Miami office of Jorden Burt, LLP has compiled a list of recent cases which address “manifest disregard” of the law in an arbitral context. They include: Paul Green School of Rock Music Franchising, LLC v. Smith, No. 09-2718 (3d Cir., Aug 2, 2010), affirmed a district court’s confirmation of an arbitration award and held that the award did not constitute a “manifest disregard” of the law. The Third Circui
Article | Arbitration-Related Litigation in Texas
By Beth Graham - October 13, 2010
Mark Trachtenberg and Christina Crozier from the Houston office of Haynes & Boone, L.L.P. recently published an interesting and useful article entitled “Arbitration-Related Litigation in Texas,” (29 Corporate Counsel Rev. 1 (2010)). The article discusses the effect of governing law on arbitration-related litigation, pre-arbitration litigation and post-arbitration litigation in the State of Texas. Here is an excerpt: Congress intended for arbi
Fifth Circuit Confirms International Commercial Arbitration Award
By Victoria VanBuren - June 22, 2009
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that an International Chamber of Commerce (ICC) arbitral tribunal did not exceed its powers and affirmed the confirmation of the arbitral award. Retired United States Supreme Court Justice Sandra Day O’Connor sat by designation with Circuit Judges Wiener and Stewart. In Saipem America v. Wellington Underwriting Agencies Limited, No. 08-20247 (5th. Cir.
Texas Court of Appeals Declined to Confirm Arbitral Award
By Victoria VanBuren - March 18, 2009
In Credigy Receivables, Inc., v. Holt, No. 05-07-01577-CV, (Tex. App.–Dallas March 17, 2009), a Texas appellate court did not confirm an arbitral award because of invalid service of process. In July 2007, Credigy sued Barbara Holt to recover the balance due on Holt’s credit card account, after an arbitrator awarded Credigy $10,558.36. However, Credigy’s petition served to Holt was not verified and Holt did not answer the lawsuit
Texas Federal Court Upheld Arbitration Award Despite ‘Manifest Disregard of the Law’ Challenge
By Victoria VanBuren - February 10, 2009
Despite a strong challenge, court upheld arbitral award. The U.S. District Court for the Southern District of Texas denied a motion to vacate an arbitral award and held that the arbitration panel did not “manifestly disregard” the law. Dealer Computer Services, Inc. v. Hammonasset Ford Lincoln-Mercury, Inc., Case No. 08-1865 (USDC S.D. Tex. Dec. 22, 2008). In 1993, Computer agreed to provide services for Ford’s dealership software system. The con
Professor Alan Scott Rau Gives Justice Souter a C-minus
By Rob Hargrove - June 5, 2008
A couple weeks ago, Prof. Rau over at the law school (with whom Karl has co-spoken about arbitration at a number of CLE programs) sent us a copy of his recent dissection of the Hall Street vs. Mattel Supreme Court opinion (link is to .pdf file), about which we blogged when it came out. The Professor, ahem, is not impressed with either the result or the handiwork: What truly appalled me about Hall Street, however, is not so much the unfortunate re
No Longer can you Craft Your Own Arbitral Standard of Review
By Rob Hargrove - March 26, 2008
Almost three years ago, we started monitoring the rapidly developing law of arbitration by way of a CLE paper Karl presented to a State Bar seminar in Dallas. That paper was called Standards of Review as Applied to Arbitral Decisions, and at its conclusion we advised seminar attendees and other readers that even though arbitral awards were for most intents and purposes not appealable, nothing prevented parties, in the Fifth Circuit anyway, from c
Order Compelling Arbitration is Reviewable on Final Appeal
By Rob Hargrove - December 14, 2007
In the context of a slightly complicated procedural situation, the Texas Supreme Court made the following ruling earlier today: in a case where a court compels arbitration, the party resisting arbitration files a petition for mandamus challenging arbitration, the petition is denied, the party loses the arbitration, and the party resists confirmation of the award without success, in that case, the party is still able to challenge arbitrability in
Fifth Circuit finds Arbitrator did not Exceed Authority
By Rob Hargrove - August 16, 2007
Earlier this week, the Fifth Circuit handed down an opinion reversing a decision from the Eastern District of Louisiana which had vacated an arbitral award (link is to .pdf file). The underlying case was a securities fraud action against a stock broker, which the Plaintiffs arbitrated under protest, having challenged the arbitrability of the case from the outset. The District Court, however, forced the parties to arbitrate, and the Defendant stok
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