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All articles tagged '"arbitration award"'
116 articles found
Fifth Circuit Rules that Arbitrator Bias Issue Must be Raised Before the Arbitration Award Is Rendered
By Victoria VanBuren - August 27, 2012
In Dealer Computer Servs. v. Michael Motor Co., No. 11-20053 (5th Cir. Aug. 14, 2012) Dealer Computer Services (“DCS”) provides hardware maintenance, software support, and computer hardware to automobile dealer Michael Motor Company (“MMC”). Their hardware and service contract contained an arbitration clause requiring the parties to resolve disputes in accordance with the Commercial Rules of the American Arbitration Association (“AAA”). A dispute
Texas Supreme Court Rules on Appellate Court Jurisdiction Over Order Confirming Arbitration Award in Part and Vacating the Award in Part
By Victoria VanBuren - May 14, 2012
In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the issue is whether an appellate court has jurisdiction over an appeal from a trial court order confirming an arbitration award in part and vacating the award in part based on the existence of unresolved questions of law or fact necessary to a ruling, yet the trial court did not expressly direct a rehearing. The Texas Supreme Court concluded that
California Court of Appeals Denies Confirmation of Award Due to NonPayment of Arbitrator’s Fees
By Victoria VanBuren - April 19, 2012
In Cinel v Christopher, 203 Cal. App. 4th 759, 136 Cal. Rptr. 3d 763 (Cal. App. 2d Dist. 2012), the Second District California Court of Appeal reviewed an order denying a petition to confirm an arbitration award. Defendant appealed an order of the Superior Court of Los Angeles County, California, denying his petition to confirm an arbitration award. The matter had gone to arbitration pursuant to an underlying contract between plaintiff, defendant
Colorado Federal District Court Determines Whether Arbitration Clause in Online Agreement is Illusory
By Victoria VanBuren - April 16, 2012
In a recent case, the United States District Court for the District of Colorado found online arbitration clause enforceable and granted Defendants’ Motion to Compel Arbitration. In Vernon v. Qwest Communs. Int’l, Inc., 09-cv-01840-RBJ-CBS (D. Col. Mar. 8, 2012) Plaintiffs are Qwest internet service customers who asserted claims on behalf of a multi-state consumer class action, alleging that Qwest’s imposition of a $200 early terminati
Fourth Circuit Rules that ‘Manifest Disregard of the Law’ Continues to Exist
By Victoria VanBuren - March 27, 2012
Recently, the U.S. Court of Appeals for the Fourth Circuit ruled that the doctrine of “manifest disregard of the law” continues to exist as a ground to vacate arbitration awards under the Federal Arbitration Act (“FAA”). See Wachovia Securities, LLC v.Brand, No. 10-2111 (4th Cir. Feb. 16, 2012). Wachovia Securities, LLC (“Wachovia”) appealed from the district court’s refusal to vacate an arbitration award enter
Fifth Circuit Interprets the Meaning of a Reasoned Arbitral Award
By Victoria VanBuren - March 14, 2012
In Rain CII Carbon, LLC v. ConocoPhillips Co. No. 11-30669 (5th Cir. March 9, 2012) ConocoPhillips Company (“Conoco”) appeals the district court’s judgment confirming an arbitration award favorable to Rain CII Carbon, LLC (“Rain”). Since 2005, Conoco and Rain were parties to a long-term supply contract which includes a complex formula for capturing the market price of green coke. The contract provides that if a party believed the formula no longe
NY Court of Appeals Rules on Federal Evident Partiality Standard and Confims Arbitration Award
By Victoria VanBuren - December 15, 2011
The New York Court of Appeals affirmed an arbitration award arising out of a breach of contract dispute. See U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc. 2011 NY Slip Op 8179 (N.Y. Nov. 15, 2011). In the present case, United States Electronics, Inc. (“USE”) sought to vacate an arbitration award in favor of Sirius Satellite Radio, Inc. (“Sirius”). USE claimed that the chairman of the arbitration panel’s son, a mem
Seagate Wins $525 M Arbitration Award
By Victoria VanBuren - November 30, 2011
As Computerworld reports, Seagate has been awarded $525 million in arbitration against competitor Western Digital. The companies are the top two hard-drive manufacturers in the market. Seagate alleged that Western Digital and a former Seagate employee misappropriated confidential information and trade secrets. Read more about the arbitration award here and here. Technorati Tags: law, ADR, arbitration
U.S. Supreme Court Denies Cert to Nafta Traders v. Quinn
By Victoria VanBuren - October 24, 2011
Last week, the U.S. Supreme Court denied cert to Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011). In Nafta Traders, the Texas Supreme Court had held that the Federal Arbitration Act (“FAA”) did not preempt enforcement of an agreement for expanded judicial review of an arbitration award enforceable under the Texas Arbitration Act (“TAA”). Such enforcement was consistent with the FAA’s purpose of ensuring that
Fifth Circuit Finds Information Contained in Arbitration Award Insufficient to Determine Insurance Coverage
By Victoria VanBuren - October 21, 2011
In American Home Assurance Company v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011) Ergon Refining, Inc. (“Ergon”) hired Cat Tech, L.L.C. (“Cat Tech”) to service a hydrotreating reactor at its Mississippi refinery. In the course of servicing the reactor, Cat Tech damaged several of the reactor’s components. The matter was submitted to arbitration and the arbitrators awarded Ergon almost $2 million, including
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