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All articles tagged '"Fifth Circuit"'
153 articles found
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
Fifth Circuit Confirms Credit Card Dispute Award by the National Arbitration Forum
By Victoria VanBuren - October 20, 2009
In Theriault v. FIA Card Services, N.A., No. 09-30233 (5th Cir. Oct. 8, 2009), Victor Theriault became delinquent on his credit card account with FIA Card Services, N.A. (formerly known as MBNA America Bank, N.A.) (FIA) around December 2006. FIA filed for arbitration at the National Arbitration Forum (NAF). On April 2007 NAF issued an arbitration award in favor of FIA. Theriault challenged the award on the grounds that FIA had violated the Truth
Jones v. Halliburton: Fifth Circuit Rules on Arbitration of Tort Claims by an Employee
By Victoria VanBuren - September 18, 2009
[Ed. note: see our previous posts about this case here and here.] The United States Court of Appeals for the Fifth Circuit held that claims for (1) assault and battery; (2) intentional infliction of emotional distress; (3) negligent hiring, retention and supervision of employees involved in a sexual assault; and (4) false imprisonment are not related to the plaintiff’s employment contract and refused to compel arbitration. I. Background In
Fifth Circuit Decides on Waiver of Removal Rights Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
By Victoria VanBuren - August 25, 2009
The United States Court of Appeals for the Fifth Circuit held that a contract containing a choice of law and forum clause effectively waives the right to remove to federal court under the New York Convention. In ENSCO International Inc. v. Certain Underwriters at Lloyd’s et. al. (No. 08-10451) (5th Cir. Aug. 12, 2009), plaintiff ENSCO International, Inc. is an offshore drilling oil and gas company and defendants are several insurance underw
Fifth Circuit Rules on Section 1782 Discovery Motion for International Arbitration Case
By Victoria VanBuren - August 18, 2009
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration. In El Paso Corporation v. La Comision Ejecutiva, (No. 08-20771) (5th Cir. Aug. 6, 2009), La Comision Ejecutiva Hidroelectrica Del Rio Lempa (“CEL”) is a state-owned utility company in El Salvador and Nejapa Power Company (“NPC”) is a
Disputing Blog Cited by Law Review Article
By Victoria VanBuren - August 4, 2009
Disputing was cited once again by a Law Review Article. See Litigating Alternative Dispute Resolution in the Fifth Circuit, 41 Tex. Tech L. Rev. 739 (2009). Authors Donald R. Philbin Jr. and Audrey Lynn Maness do an excellent job at surveying Fifth Circuit decisions related to arbitration. Check it out! Technorati Tags: arbitration, ADR, law, Fifth Circuit
Fifth Circuit: You Should Not Be Allowed a Second Bite at the Apple Through Arbitration
By Victoria VanBuren - July 30, 2009
The United States Court of Appeals for the Fifth Circuit held that a party waived its right to arbitrate by waiting one year after the suit was filed before seeking to compel arbitration. In Petroleum Pipe Americas Co., v. Jindal Saw Ltd., (No. 08-20461) (5th. Cir. July 9, 2009) Defendant Jindal Saw Ltd. (“Jindal”) is an Indian manufacturer of pipelines and plaintiff Petroleum Pipe Americas Corp. (“PPA”) is a Texas corpora
Professor Alan Scott Rau Comments on In re Morgan Stanley
By Victoria VanBuren - July 15, 2009
Professor Alan Scott Rau has forwarded us the following comments relating to our post of yesterday, in which we summarized the recent Texas Supreme Court case of In re Morgan Stanley & Co., Inc., __ S.W.3d __ (Texas 2009) (No. 07-0665). The Texas Supreme Court gets it absolutely right [and totally without regard to the fact that they quote me.] How could it be otherwise? Compare Justice Hecht’s dissent: “A raving lunatic in a stra
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.
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