In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that an International Chamber of Commerce (ICC) arbitral tribunal did not exceed its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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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

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Last Friday, the Texas Supreme Court held that a party challenging a forum-selection clause has the burden of proving the clause is invalid. In In re International Profit Associates, Inc, ___ S.W.3d ___ (Tex. 2009) (Cause No. 08-0531), Riddell Plumbing, Inc. (Riddell) hired International Profit Associates, Inc. (IPA) to provide consulting services. Their contract contains the following forum-selection clause: At [Riddell’s] election, [IPA agrees]

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Over the past year, the circuit courts have differed over whether the “manifest disregard of the law” doctrine survives the U.S. Supreme Court’s holding in Hall Street. Hall Street Assoc. v. Mattel, Inc., 128 S. Ct. 1396 (2008). In a recent article, Philip J. Loree Jr. analyzes the Second Circuit’s interpretation of Hall Street in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). Interestingly, the

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As reported this week by the Workplace Prof Blog, a U.S. District Court in Colorado has issued a decision involving arbitration of statutory claims within the context of a collective bargaining agreement. The case is Mathews v. Denver Newspaper Agency, LLP, 2009 WL 1231776 (D. Colo. 2009). Professor Richard Bales’ analysis of the decision is here: First Post-Pyett Case. Previous Coverage: U.S. Supreme Court Enforces Agreement to Arbitrate D

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[Ed. note: Obama nominated Sotomayor on May 26; see Hispanic National Bar Association Press Release] Ever since U.S. Supreme Court Justice David Souter revealed his plan to retire, speculation of possible President Barack Obama‘s picks to replace him has flooded the blogosphere. SCOTUSblog has been profiling the “shortlist” candidates with an analysis of their opinions that intersect the Supreme Court’s decisions. Here is

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The U.S. Court of Appeals for the Fifth Circuit held last week that nonsignatories plaintiffs were bound by the arbitration agreement between decedent and his employer. In Graves v. BP American Inc., No. 08-40575 (5th Cir. May 6, 2009), plaintiffs are the surviving relatives of an employee of defendant JV Industrial Companies, who died in a work-related accident at a BP facility in Texas. The plaintiffs sued under the Texas wrongful death statute

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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

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Today, the U.S. Supreme Court decided Arthur Andersen LLP v. Carlisle, No. 08-146. One of the issues resolved by the Court is whether a contract to arbitrate a dispute is enforceable by a nonsignatory party to the agreement. The text of the opinion is here. We will blog on this case after we read it.

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