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Arbitration Damages Arbitration Awards

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 -
Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

Carlton Fields

Court Denies Vacatur of Zero-Damage Arbitration Award, Finding No Manifest Disregard of the Law

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The case involved a dispute between a medical device manufacturer and a purchaser. The petitioner, Northgate Technologies Inc., alleged that United States Endoscopy Group Inc. breached a requirements contract by purchasing...more

JAMS

How Not to Frustrate an Arbitrator

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Common Mistakes Attorneys Should Avoid in Arbitration - A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award...more

A&O Shearman

Maritime misadventure: the case of the nominal damages

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Where two vessels were returned late by a charterer, only nominal damages were recoverable, since even if the vessels had been returned on time, the owners could not have chartered them out owing to obligations under...more

Cohen & Gresser LLP

Les demandes de brutage fiscal en matière d’arbitrage international d’investissement (Tax Gross-Up Claims in International...

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La présentation de demandes de brutage fiscal – ou « tax gross-up » – des indemnités pouvant être réclamées lors d’une procédure d’arbitrage par les parties lésées est essentielle. L’objectif de telles demandes consiste en...more

Fox Rothschild LLP

Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations

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Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd Circuit U.S. Court of Appeals that includes...more

JAMS

Recovering Attorney Fees in Arbitration

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An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more

Carlton Fields

Third Circuit Affirms District Court’s Denial of Attorneys’ Fees Absent a Valid Statutory or Contractual Right to Additional Fees

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Betty Frison invented a product related to hair weaving and subsequently entered into an agreement with Davison Design to promote her product. The agreement required that the parties arbitrate any dispute. After believing...more

Carlton Fields

First Circuit Refuses to Vacate Arbitration Award Following Stock Dispute

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The First Circuit recently denied a corporation’s numerous arguments seeking to vacate an arbitration award in favor of the individual who sold an entity to the corporation. The court’s decision reflected the narrow review of...more

Carlton Fields

Fifth Circuit Affirms Arbitration Award and Finds Panel Was Fairly Constituted and Did Not Award Punitive Damages

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In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing...more

Buchalter

Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.

Buchalter on

In VVM Builders, LLC v. Atkins Construction Group, LLC, No. CV195021541S (Oct. 31, 2019), the Superior Court of Connecticut squarely addressed this precise issue in a case involving a change order dispute between a contractor...more

King & Spalding

Quantum Quarterly – Issue 11 – 2 Quarter 2019

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We are pleased to present the latest edition of Quantum Quarterly, a publication of King & Spalding’s International Arbitration Practice Group. This edition kicks off with an interview with Howard Rosen of Secretariat in...more

Troutman Pepper Locke

Georgia Court of Appeals Affirms Superior Court’s Confirmation of Arbitration Award, Finding That Arbitrator Did Not Manifestly...

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Gainesville Mech., Inc. v. Air Data, Inc., No. A19A0518., 2019 BL 229069 (Ga. Ct. App. June 19, 2019) - The First Division of the Georgia Court of Appeals affirmed a superior court’s decision to confirm an arbitration...more

Gray Reed

The Case of Mistaken Indemnity

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Nifty Counsel, Dunce’s Caps in-house lawyer, came up with what he thought was a brilliant way to minimize the company’s liability to its customers. ...more

Carlton Fields

Court Refuses To Reconsider Arbitrator’s Factual Determinations

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In a case emphasizing the deference courts give to factual findings of arbitrators, a magistrate judge in the Eastern District of New York has confirmed an arbitration award granting damages and attorneys’ fees to a company...more

Carlton Fields

Appeal it All! Guarding Against Multiple, Independent Grounds

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You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

Latham & Watkins LLP

High Court Willing to Set Aside Arbitral Awards on Public Policy Grounds

Latham & Watkins LLP on

On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial...more

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