Reinsurance Focus

Preclusive Effect of Prior Litigation

Regale, Inc. v. Thee Dollhouse Prods. N.C., Inc., Case No. 10-280 (USDC E.D.N.C. Jan. 20, 2011) (denying motion to vacate and/or modify award and granting motion to confirm award; no manifest disregard of the law; award did not fail to draw its essence from the agreement; court’s decisions in prior tort case did not preclude decision of contract issues subject to arbitration)

Foreign Awards

Int’l. Trading & Indus. Inv. Co. v. Dynacorp Aerospace Tech., Case No. 09-791 (USDC D.C. Jan. 21, 2001) (confirming arbitration award under the FAA and Convention on Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”); manifest disregard standard does not provide a basis for denying confirmation under the New York Convention; arbitrator did not manifestly disregard Qatari law, notwithstanding Qatari high court’s conclusion that the arbitrator failed to follow Qatari law)

Mistake of Law

Brown v. Pulte Home Corp., Case No. 10-mc-201 (USDC Feb. 14, 2011) (granting plaintiffs’ petition to confirm arbitration award in part and denying petition to vacate award in part; arbitrator’s finding of “liability” in liability phase did not bind the arbitrator to hold for plaintiffs on all counts in damages phase; arbitrator’s alleged mistake of law in refusing to order damages under unfair trade practices and consumer protection law beyond the scope of judicial review)

Contech Constr. Prods., Inc. v. Heierli, Case No. 09-01483 (USDC D.C. Feb. 4, 2011) (granting petition to confirm final award and cross-petition to confirm partial award; fact that the arbitrator may have misapplied the law or rules not a basis for vacating the award under the FAA)

Exceeding Authority; Manifest Disregard of the Law

Westminster Securities Corp. v. Petrocom Energy Ltd., Case No. 10-07893 (USDC S.D.N.Y. Jan. 19, 2011) (granting petition to confirm award and denying motion to vacate award; arbitration panel did not manifestly disregard the law in holding that agreement’s tail provision applied to transaction at issue; panel did not lack the authority to adjudicate unjust enrichment claim)

N.J. Bldg. Laborers Statewide Benefit Funds v. GMAC Constr., Case No. 10-6518 (USDC D.N.J. Jan. 31, 2011) (confirming arbitration award requiring that contributions be made to employee trust funds and benefit plans; no evidence to suggest arbitrator acted in manifest disregard of the law or exceeded his authority)

Popkave v. John Hancock Distribs., LLC, Case No. 10-3680 (E.D. Pa. Feb. 7, 2011) (denying petition to vacate award; arbitrators did not exceed their powers, nor manifestly disregard the law by issuing an award against an entity that may not have been the proper party; the party had not sufficiently educated the arbitrators about the law, and did not independently recognize the law, so they could not have manifestly disregarded it)

Bailey v. Northrop Grumman Ship Sys., Inc., Case No. 08-04685 (USDC E.D. La. Feb. 2, 2011) (denying motion to vacate arbitration award; no statutory grounds under the FAA for vacatur—manifest disregard not a basis for vacatur; arbitrator did not exceed his authority)

Weiner v. Commerce Ins. Co., Case No. 10-P-234 (Mass. Ct. App. Jan. 7, 2011) (affirming vacatur of initial arbitration award because the arbitrator exceeded his authority in declaring UIM claimant’s claim as premature and failing to determine damages; affirming confirmation of subsequent award by a second arbitrator appointed by the court)

Contravention of Public Policy

Kiely Constr. Co. v. Util. Workers Union of Am., Case No. 10-4871 (USDC D.N.J. Jan. 3, 2011) (denying motion to vacate award; award drew its essence from the collective bargaining agreement; award did not contravene public policy)

Nat’l Football League Players Ass’n. v. Nat’l Football League Mgmt. Council, Case No. 10-1671 (USDC S.D. Cal. Jan. 5, 2011) (granting motion to confirm arbitration award requiring application of Tennessee law to workers’ compensation claims brought in California and denying motion to vacate award; no manifest disregard of the law; not contrary to public policy)

Evidence of Partiality or Corruption

Tysinger Motor Co., Inc. v. Chrysler Group, LLC, Case No. 10-554 (USDC E.D. Va. Jan. 7, 2011) (denying motion to vacate award; FAA did not apply, special procedure created by Congress governed, which did not provide for judicial review; even so, there was no evident partiality or corruption by arbitrators)

This post written by Ben Seessel.