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Arbitration Awards Arbitration Statutory Interpretation

Jackson Lewis P.C.

Court Rules Pension Fund’s Position Was Not ‘So Baseless’ as to Mandate an Award of Attorneys’ Fees

Jackson Lewis P.C. on

ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys’ fees (often substantial)...more

Perkins Coie

Supreme Court Limits Federal Courts’ Jurisdiction to Enforce Arbitration Awards

Perkins Coie on

Last week, the U.S. Supreme Court ruled that federal courts cannot enforce or vacate arbitration awards under Sections 9 and 10 of the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., unless they have an independent...more

Jenner & Block

US Supreme Court Issues Significant Ruling Limiting the “Look-Through” Jurisdiction of Federal Courts Under the Federal...

Jenner & Block on

On March 31, 2022, the US Supreme Court issued a significant decision in Badgerow v. Walters, No. 20-1143, ending a circuit split about when federal courts have subject matter jurisdiction to review domestic arbitration...more

Burr & Forman

SCOTUS: No Look-Through Jurisdiction for Arbitration Confirmation or Vacatur

Burr & Forman on

The U.S. Supreme Court held March 31, 2022, that the Federal Arbitration Act (“FAA”) does not allow federal courts to “look through” to the dispute underlying an arbitration to establish jurisdiction to confirm or vacate an...more

Akin Gump Strauss Hauer & Feld LLP

Party Nomination of Arbitrators: Égalité of Parties and the 'Dutco Principle'

Party Nomination of Arbitrators - Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of égalité (equality) between the parties in...more

Bennett Jones LLP

The Appeal in Teal: SCC Majority Restores Commercial Arbitrator's Award

Bennett Jones LLP on

The Supreme Court has again restricted the scope of appeals from decisions of commercial arbitrators, this time upholding an arbitrator's award of compensation under a British Columbia statute by a close majority....more

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