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All articles tagged '"Fifth Circuit"'
153 articles found
Fifth Circuit Rules on Cost as a Basis for Not Arbitrating
By Rob Hargrove - August 24, 2006
Yesterday, the Fifth Circuit handed down an opinion stemming from a Mississippi case (link is to .pdf file) weighing in on the notion that prohibitive expense of arbitration can be a basis for a court’s refusal to compel arbitration on unconscionability grounds. The Court reversed the district court refusal to compel arbitration in this case, finding that the party seeking to avoid arbitration (a chicken farmer named Gertrude Overstreet) pr
International Arbitration & Federal Court Jurisdiction
By Rob Hargrove - August 19, 2006
On Thursday, the Fifth Circuit handed down an opinion in a complicated case (link is to .pdf of opinion) which implicates, in part, the Federal Arbitration Act, to the extent it codifies the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (we blogged on the New York Convention and its roots back in June). In any event, while Thursday’s case is not really about arbitration, an international arbitration is at
Texas Supreme Court Rejects More Arguments Against Arbitration
By Rob Hargrove - June 9, 2006
The Texas Supreme Court just issued another decision in the law governing agreements to arbitrate, once again granting mandamus in order to force a case into arbitration. The opinion addresses several of the “hot” issues often raised by parties seeking to avoid arbitration, although perhaps these issues are cooling at this point. The Ripple Family entered into an agreement with a Retailer to purchase a manufactured home. The agreement
International Arbitration and U.S. Federal Courts
By Rob Hargrove - June 8, 2006
Just moments ago, the Fifth Circuit released an opinion examining Section 205 of the Federal Arbitration Act (Chapter 2), which allows for the removal of state court actions which relate to an arbitration agreement or award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly referred to as the “New York Convention“). The Fifth Circuit Opinion spends a great deal of time in this case explaining
I Missed One
By Rob Hargrove - June 1, 2006
Yesterday, the Workplace Prof Blog pointed out in a post that the Fifth Circuit had issued an opinion, back on May 18, 2006, in which it refused to compel arbitration (link is to .pdf file of the opinion). Obviously, this is a big deal and an unusual event in the Circuit, so apologies for us having missed the opinion. The reason for the omission, for the curious, is the Court’s decision to not publish the opinion. We are frankly not as dili
5th Circuit Reverses Arbitration Vacatur
By Rob Hargrove - May 30, 2006
The Fifth Circuit handed down an opinion (link is to .pdf) today which discusses the qualifications required of a “non-public” arbitrator under the NASD rules. The opinion reverses a trial court decision to vacate an arbitral award on the basis that one of the three arbitrators did not meed NASD standards for arbitrator qualifications. In big cases arbitrated under the NASD rules, a panel of three arbitrators is required, two of whom
Fifth Circuit Sends Marine to Arbitration
By Rob Hargrove - May 15, 2006
Late last week, the Fifth Circuit Court of Appeals handed down another opinion holding that a federal statutory cause of action was subject to binding arbitration (link is to .pdf file). This time, the Court ruled that in enacting the Uniform Services Employment and Reemployment Rights Act (“USERRA”), Congress did not intend to preclude employers from requiring military employees to arbitrate their statutory rights. The case itself is
Fifth Circuit to Rehear Positive Software Case
By Rob Hargrove - May 12, 2006
On January 12, 2006, we blogged about the Fifth Circuit decision in the Positive Software case to vacate an arbitral award on the basis of an undisclosed conflict of interest. Today, the Circuit decided to rehear the case(link is to .pdf file) en banc. We will keep you posted on this and other exciting developments as they unfold. As yet, neither the new briefing schedule nor the oral argument had been set. Technorati Tags: arbitration, ADR, Fift
Fifth Circuit Uses Alter Ego Theory to Confirm Arbitral Award
By Rob Hargrove - April 26, 2006
In 1993, an Argentine company, Bridas, entered in to a joint venture with the government of Turkmenistan, which was recently liberated from the Soviet Union. The venture went south when the government of Turkmenistan demanded a higher royalty percentage than provided by the Joint Venture Agreement. When Bridas refused to capitulate, Turkmenistan simply banned Bridas from the country. A joint venture with a government of an unstable and new countr
Fifth Circuit Upholds Punitive Damages Award
By Rob Hargrove - February 9, 2006
In an opinion (link is to .pdf file) filed Wednesday, the Fifth Circuit affirmed a trial court decision to confirm an arbitral award which contained a punitive damages award for the arbitral plaintiff. The case involved a woman’s breach of fiduciary duty claims against the managers of an investment portfolio she received as part of a divorce settlement. The arbitral panel found that the investment company did in fact breach its duty to the
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