RECENT RULINGS UPHOLD ARBITRATION AWARDS ON VARIOUS GROUNDS
Manifest disregard of law: Dealer Computer Services, Inc. v. Dayton Ford, Inc., Case No. 08-3508 (USDC D.N.J. April 9, 2009) (granting motion to confirm, finding no manifest disregard of law).
Evident Partiality: Martik Brothers, Inc. v. Kiebler Slippery Rock, LLC, Case No. 08-1756 (USDC W.D. Pa. April 20, 2009) (granting petition to confirm, no evident partiality where arbitrator and plaintiff’s counsel engaged in casual conversation about golf and travel).
Sufficiency of evidence: Campbell v. American Family Life Assurance Co. of Columbus, Inc., Case No. 08-5806 (USDC D. Minn. April 14, 2009) (denying motion to vacate award, finding insufficient evidence submitted to overcome arbitrator’s grant of summary judgment award to defendant, based on unambiguous terms of parties’ insurance contract)
Exceeding authority: Reliastar Life Ins. Co. of New York v. EMC Nat’l Life Co., No. 07-0828 (2d Cir. April 9, 2009) (reversing trial court’s vacatur of portion of arbitrators’ award for attorneys fees against defendant for failing to arbitrate in good faith, finding such an award does not exceed submission, even though agreement required parties to pay own fees and costs); Dupont v. Tobin, Carberry, O’Malley, Riley & Selinger, PC, No. 08-1414 (2d. Cir. April 16, 2009) (affirming district court’s confirmation of award, arbitrators did not exceed authority in finding facts and interpreting agreement); Thule AB v. Advanced Accessory Holding Corp., Case No. 09-91 (USDC S.D.N.Y. April 2, 2009) (denying motion to vacate, reviewing accountant did not exceed authority by applying different methodology than requested by plaintiff).
Miscellaneous confirmations: Schmidt v. Citibank (South Dakota), N.A., Case No. 08-165 (USDC E.D. Va. April 10, 2009) (granting defendant’s motion to confirm, denying several motions by pro se plaintiff on numerous grounds); Mutual Marine Office, Inc. v. Transfercom Ltd., Case No. 08-10367 (USDC S.D.N.Y. April 15, 2009) (granting petition to confirm as defendant failed to raise arguments in arbitration and thus waived them); Jones v. PPG Industries, Inc., Case No. 07-1537 (USDC W.D. Pa. April 27, 2009) (granting motion to confirm arbitrator’s award in favor of employer on discrimination claims on various grounds).
This post written by John Pitblado.
