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All articles tagged '"FAA"'
182 articles found
Fifth Circuit Affirms Confirmation of NASD Arbitration Award
By Victoria VanBuren - December 5, 2009
In The Householder Group v. Caughran, No. 09-40111 (5th. Cir. Nov. 11, 2009), the court summarizes the facts as follows: [A] panel of arbitrators with the National Association of Securities Dealers, Inc. (“NASD”) awarded Householder Group $39,500 in compensatory damages for breach of a promissory note, $50,000 in compensatory damages for breach of a Branch Office Agreement, and $70,000 in attorneys fees. Thereafter, Householder Group filed a moti
Disputing Guest Post | Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup?
By Victoria VanBuren - November 19, 2009
As the United States Court of Appeals for the Fifth Circuit decides more “manifest disregard” of the law cases, we thought that you might be interested in reading our guest-post published at the Loree Reinsurance and Arbitration Law Forum earlier this year. Check it out! Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup? By Victori
Fifth Circuit Reaffirms that the FAA Provides the Exclusive Grounds for Vacatur of Arbitration Awards After Hall Street v. Mattel
By Victoria VanBuren - November 18, 2009
In United Forming, Inc. v. Faulknerusa, LP, No. 09-50073 (5th Cir. Oct. 27, 2009), FaulknerUSA, LP (Faulkner) is the general contractor at a construction project; United Forming, Inc. (United) is a sub-contractor; and Continental Casualty, Co. (Continental) is the surety of their agreement. After a dispute over United’s work, the parties submitted their claims to arbitration before an American Arbitration Association (AAA) panel. The panel
American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’
By Victoria VanBuren - November 16, 2009
Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving issue of arbitral powers to collect evidence from non-parties to a
American Bar Association’s Resolutions on the Arbitration Fairness Act of 2009
By Victoria VanBuren - August 26, 2009
Via the Business Conflict Blog, we learned of the recent ABA Resolutions and Report with respect to the Arbitration Fairness Act of 2009 (for background, click here and here) and its implications to international commercial arbitration. This is the summary: The American Bar Association should support the use of international commercial arbitration and legislation or regulation that recognizes and aids in the enforcement of international commercia
Law Journal Article: “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” and the Federal Arbitration Act
By Victoria VanBuren - July 4, 2009
During this Fourth of July holiday weekend, our good friend Don Philbin stumbled across “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” 40 St. Mary’s L.J. 795 written by the Honorable W. Royal Furgeson, Jr. In the article, Judge Furgeson discusses the Arbitration Fairness Act of 2007, which is analogous to the Arbitration Fairness Act of 2009 (previously blogged here) currently considered in the U.S. Congress. If
Weil, Gotshal & Manges Guest-Post: Texas House Bill 1083
By Victoria VanBuren - June 26, 2009
On June 19, 2009, Texas House Bill 1083 was signed into law.The new provision, effective immediately, prevents courts from ordering mediation in cases subject to the Federal Arbitration Act (excepting cases where the parties have agreed otherwise).The bill, which passed both the House and the Senate without amendment, applies to all actions commencing on or after June 19th. What does this mean for future Texas cases involving the FAA?Fewer
U.S. Supreme Court Grants Cert to Stolt-Nielsen: Class Action Arbitration Case
By Victoria VanBuren - June 16, 2009
As posted in our Commercial and Industry Arbitration and Mediation Group on LinkedIn, yesterday the U.S. Supreme Court granted certiorari to Stolt-Nielsen SA v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). The issue to be decided is whether imposing class arbitration on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act. You can find background about this important case followin
U.S. Supreme Court Rules on Arbitration Non-signatories’ Rights
By Victoria VanBuren - May 12, 2009
Last week, the U.S. Supreme Court decided Arthur Andersen LLP v. Carlisle, No. 08–146, 2009 WL 1174853 (May 4, 2009). Justice Scalia delivered the majority opinion, joined by Justices Kennedy, Thomas, Ginsburg, Breyer, and Alito. Justice Souter filed a dissenting opinion, in which Chief Justice Roberts and Justice Stevens joined. The Court decided the following issues: Whether appellate courts have jurisdiction under Section 16(a) of the FAA to r
Read Our Guest-Post: Hall Street Meets S. Maestri Place
By Victoria VanBuren - May 5, 2009
We invite you to read our recent guest-post at the Loree Reinsurance and Arbitration Law Forum. Introduction by Philip J. Loree Jr: Guest Blogger Victoria VanBuren Discusses the Role of Federal Arbitration Act Section 10(a)(4) After Citigroup Global Markets, Inc. v. Bacon Guest-Post: Hall Street Meets S. Maestri Place: What Standards of Review Will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup? Technorat
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