ARBITRATION ROUNDUP
Accrual of Actions to Dispute Award:
International Relief and Development, Inc. v. Ladu, Case No. 12-1302 (4th Cir. June 14, 2012) (affirming order confirming award; motion to vacate filed beyond FAA’s three-month filing deadline; upholding finding that appellant had actual notice of award where no evidence suggested “definitively or firmly” that findings were mistaken);
International Brotherhood of Electrocal Workers, Local 50, AFL-CIO v. Metro Electric Engineering Technologies, Inc., Case No. 11-14333 (USDC E.D. Mich. July 25, 2012) (granting summary judgment confirming award due to expiration of statutes of limitations regarding award issued in connection with a collective bargaining agreement under the Labor Management Relations Act; letters from panel advising of defendant’s liability accrued defendant’s rights to dispute confirmation of award).
Jurisdiction:
Paralikas v. Ford Motor Credit Co., LLC, Case No. 10-3308 (USDC E.D.N.Y. June 14, 2012) (dismissing action to vacate award; FAA does not provide an independent basis for federal subject matter jurisdiction).
Class-Wide Arbitration:
Rame, LLC v. Popovich, Case No. 12-1684 (USDC S.D.N.Y. June 9, 2012) (denying petition to vacate award permitting class-wide arbitration; “manifest disregard” still viable in Second Circuit, but not present in this case; arbitrator did not exceed authority where dispute resolution agreement provided that “all claims” could be decided by arbitration).
Scope of Arbitration:
Schneider v. Thailand, Case No. 11-1458 (2d Cir. Aug. 8, 2012) (affirming order confirming award under New York Convention, notwithstanding lower court’s failure to determine “clear and unmistakable” evidence that scope of arbitration agreement would be decided by arbitrators before performing deferential review of award; because UNCITRAL Rules were incorporated in arbitration agreement, appellate court could infer intent for arbitrators to decide scope of agreement; noting “manifest disregard” inapplicable to foreign awards);
Langlais v. Pennmont Benefit Services, Inc., Case No. 11-5275 (USDC E.D. Pa. July 11, 2012) (granting motion to confirm $3.8 million award as to signatories of arbitration agreement, but only in their capacities reflected in agreement; denying motion as to non-signatories because motion to confirm “is not the proper time or procedural vehicle to make such determinations”).
Manifest Disregard/Evident Partiality:
Fund Raising, Inc. v. Alaskans For Clean Water, Inc., Case No. 09-4106 (USDC June 26, 2012) (denying fundraiser’s motion to vacate $8 million award in favor of former client environmental advocates; “manifest disregard” standard applied where arbitrator’s application of law challenged; no manifest disregard nor “complete irrationality” in, among other findings, arbitrator’s interpretation of confidentiality clause, finding of fiduciary duty, finding judicial estoppel, and awarding punitive damages for actions related to perjury);
Digitelcom, LTD v. Tele2 Sverige AB, Case No. 12-3082 (USDC S.D.N.Y. July 25, 2012) (granting motion to confirm award issued by International Centre for Dispute Resolution and granting attorney’s fees award for disingenuous motion; among other things, arbitrator did not commit “manifest disregard” nor exhibit “evident partiality”);
Trademark Remodeling, Inc. v. Rhines, Case No. 11-1733 (USDC D. Md. Aug. 6, 2012) (granting motion to enforce award; finding no evident partiality or corruption, fraud, or undue means despite defendants’ disclosure of confidential information, providing gift card to adverse witness, and manner in which hearing was conducted; no exceeding powers or “manifest disregard” for arbitrator’s use of evidence and findings beyond contract);
P.H. Glatfelter Co. v. United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union, Case No. 11-741 (USDC S.D. Ohio Aug. 21, 2012) (granting summary judgment vacating award issued in connection with a collective bargaining agreement under the Labor Management Relations Act; evident partiality existed where arbitrator failed to disclose that he had 6 first cousins employed at paper mill at issue in arbitration).
This post written by Michael Wolgin.
