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Arbitration Arbitration Awards American Arbitration Association

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Troutman Pepper Locke

Trends in Mass Arbitration

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Mass arbitration continues to be a significant and evolving issue in the legal landscape, particularly for consumer, healthcare, and employment disputes. The American Arbitration Association (AAA) recently released data from...more

Troutman Pepper Locke

JAMS Issues New Mass Arbitration Procedures

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On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient...more

Carlton Fields

SDNY Confirms Arbitration Award Under New York Convention

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In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

Carlton Fields

Court Confirms Arbitration Award Against Non-Signatory Intervening Party in Arbitration

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Paychex Inc. had entered into an agreement to provide a company, Dan-Gulf Shipping Inc., with payroll-related services. The agreement contained an arbitration clause governed by the rules of the American Arbitration...more

Carlton Fields

Court Confirms Almost $23M Arbitration Award

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A court recently confirmed an arbitration award totaling nearly $23 million after rejecting the losing party’s arguments that the arbitrator exceeded his authority, improperly calculated damages, and violated an American...more

Carlton Fields

Party Opposing Confirmation of Non-Domestic Arbitration Award Subject to Convention May Also Assert FAA Defenses If Award Rendered...

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In 2006, Goldgroup and DynaResource entered into a contract relating to a gold mining operation in Mexico, which contained a dispute resolution provision requiring that the disputes be submitted to binding arbitration in...more

Carlton Fields

Court Confirms “Baseball Arbitration” Award, Finds Party Alleging Unfairness Was Caught Looking When It Failed to Object

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The U.S. District Court for the Eastern District of Missouri confirmed an arbitration award in favor of Clayco Inc. in a dispute with its subcontractor arising from a construction contract. The parties’ contract provided...more

Fox Rothschild LLP

Area Developer Hit With Massive Arbitration Award In Favor Of Franchisor

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Franchisor obtains $2,064,735.75 arbitration award against failed area developer. In an arbitration decision handed down by the American Arbitration Association, Rita’s Franchise Company, LLC obtained an award against a...more

Bradley Arant Boult Cummings LLP

Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award

On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more

Carlton Fields

Eleventh Circuit Affirms Confirmation of Arbitration Award Over Claims of Fraud, AAA Rule-Breaking, and Lack of Jurisdiction

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The Eleventh Circuit recently affirmed the confirmation of an arbitration award in a dispute involving a contract to obtain signatures for a Florida solar energy ballot initiative over claims that the prevailing party engaged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Crop Insurance Dispute Wrapped in Red Tape: One Farmer's Uphill Battle to Overturn Arbitration

A farmer who lost a crop insurance dispute at arbitration took his insurance company to federal district court, filing a motion to vacate the arbitration award. When the lower court split the baby, the farmer and the insurer...more

Farrell Fritz, P.C.

Beneficiary To A Trust Lacks Standing To Collect Unpaid Debt

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The poet, Robert W. Service once wrote that “a promise made is a debt unpaid.” The question that remains is: Who gets to collect on that unpaid debt?...more

Carlton Fields

Southern District Concludes That Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator, Rejects Waiver Claim

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The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators...more

Carlton Fields

After Reviewing the Arbitration Record, Court Enters Default Judgment Confirming Default Arbitration Award

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Plaintiff Choice Hotels International Inc. filed an application to confirm arbitration award and a motion for default judgment against a fanchisee company and its owner in connection with an arbitration initiated before the...more

Bradley Arant Boult Cummings LLP

Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more

Carlton Fields

Court Refuses to Treat Unopposed Petition to Confirm Arbitration Award as a Motion for Default Judgment, Reviews the Merits of the...

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The case involved an AAA arbitration centering on the lack of performance under an exclusive distributorship agreement (EDA) that a medical supplier signed with a product manufacturer. The supplier failed to order sufficient...more

Troutman Pepper Locke

A Pivotal Ruling for Appellate Arbitration Award Enforcement

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In 2008, the U.S. Supreme Court in Hall Street Associates LLC v. Mattel Inc. determined that parties may not contractually agree to expand judicial review of arbitral awards beyond the grounds set forth in the Federal...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - October 2018

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Procedures for Speedy Appeals from Awards A Way To Alleviate Concerns About The Finality Of Arbitration - Introduction - The finality of arbitration can be a both a blessing and a curse. On the one hand, it gives the...more

White and Williams LLP

Second Circuit Adopts Heightened Standard for Distinguishing Evident Partiality of Party-Appointed Arbitrator

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The Second Circuit recently joined other circuit courts in adopting a different standard for determining the evident partiality of a party-appointed arbitrator than a neutral arbitrator or umpire. In Certain Underwriting...more

Troutman Pepper Locke

Combatting Arbitration Inefficiency

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“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more

Bradley Arant Boult Cummings LLP

So You’re Telling Me There’s a Chance: Vacatur of AAA Arbitration Awards in North Carolina - IADC Business Litigation Committee...

As the optimistic wisdom of Dumb & Dumber’s Lloyd Christmas instructs, the chances of winning a motion to vacate an arbitration award may be “one in a million” . . . but “there’s a chance.” Originally published in IADC...more

Carlton Fields

Court Confirms Award, Holds Arbitrator Did Not Err In Determining Vesting Status Of Former Executive’s Shares

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The case arose from an arbitration initiated under an employment agreement, after the chief operating officer of ACP Investment Group resigned. Addressing a provision in the agreement that required the COO’s forfeiture of...more

Carlton Fields

California District Court Finds Petitioner’s Defenses To Confirmation Are Barred By The Statute Of Limitations

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Since a motion to vacate, modify, or correct an award must be served within 3 months after the award is filed or delivered (9 U.S.C. § 12), and Plaintiff filed its opposition to confirmation nearly four months after the award...more

Butler Snow LLP

You Can Always Get What You Want, or At Least What You Contract For – Fifth Circuit Affirms Vacation of Arbitration Award

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On April 7, 2015, the Fifth Circuit affirmed the Southern District of Texas’ decision to vacate an arbitration award rendered in a dispute involving two separate contracts – one which was to be governed by the Commercial...more

Carlton Fields

Fifth Circuit Affirms Vacatur Of Arbitration Award Where Arbitrator Failed To Follow Provisions Governing Selection Of Arbitrator...

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Organizational Strategies Inc. (OSI) had entered into an agreement with Capstone Associated Services Ltd. for the latter to form three captive insurance companies for OSI. Included in the contract was an arbitration clause...more

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