Reinsurance Focus

Manifest Disregard

Biller v. Toyota Motor Corp., No. 11-55587 (9th Cir. Feb. 3, 2012) (affirming confirmation of award, no manifest disregard of the law)

Giller v. Oracle USA, Inc., Case No. 11-02456 (USDC S.D.N.Y. Feb. 14, 2012) (denying vacatur, no manifest disregard, no evident partiality)

Latour v. Citigroup Global Markets, Inc., Case No. 11-1167 (USDC S.D. Cal. March 16, 2012) (vacatur denied, no manifest disregard)

Collins v. Chicago Investment Group, LLC, Case No. 11-01105 (USDC D. Nev. March 20, 2012) (vacatur denied, arbitrator did not exceed scope by transferring matter from Nevada to Illinois, no manifest disregard)

Exceeded Scope

Muskegon Central Dispatch 911 v. Tiburon, Inc., No. 09-2214 (6th Cir. Feb. 2, 2012) (affirming vacatur where arbitrators exceeded scope of submission)

Tucker v. Sterling Jewelers, Inc., Case No. 09-14102 (USDC E.D. Mich. Feb. 10, 2012) (denying vacatur, arbitrator did not exceed scope of submission, no manifest disregard of the law)

Dubois Logistics, LLC v. United Food and Commercial Workers Union, Local 23, Case No. 11-34 (USDC W.D. Pa. March 5, 2012) (vacatur denied, arbitrator did not exceed scope, denying attorneys fees to prevailing party)

Garlyn, Inc. v. Auto-Owners Ins. Co., No. A11-1520 (Minn Ct. App. March 26, 2012) (affirming in part, reversing in part, affirming lower court’s vacatur where arbitrators did not exceed scope of submission in finding for petitioner on merits, but reversing lower court’s denial of vacatur of statutory pre-award interest, as that portion of award exceeded the scope of the submission)

Buy Rite Auto Glass, Inc. v. Progressive Casualty Ins. Co., No. A11-1492 (Minn. Ct. App. April 9, 2012) (affirming in part, reversing in part, affirming lower court’s denial of vacatur where arbitrators did not exceed scope of submission in finding for petitioner on merits, but reversing lower court’s denial of vacatur of statutory pre-award interest, as that portion of award exceeded the scope of the submission)

New York Convention on Enforcement of Foreign Arbitral Awards

SEI Societa Esplosivi Industriali SpA v. L-3 Fuzing and Ordnance Systems, Inc., Case No. 11-149 (USDC D. Del. Feb. 17, 2012) (confirming Swiss award under New York Convention on the Recognition and Enforcement of Foreign Arbitral awards, precluding review for manifest disregard, and finding award did not exceed scope and did not violate United States public policy)

Greatship (India) Limited v. Marine Logistics Solutions (Marsol) LLC, Case No. 11-420 (USDC S.D.N.Y. Jan. 24, 2012) (dismissing action to confirm foreign award for lack of personal jurisdiction over respondent)

Subway International, B.V. v. Bletas, Case No. 10-01715 (USDC D. Conn. April 3, 2012) (motion to confirm granted, personal jurisdiction satisfied under New York Convention, FAA applied where arbitration foreign parties took place in United States between)

Res Judicata

Druz v. Morgan Stanley, Inc., Case No. 10-6281 (USDC D.N.J. March 8, 2012) (denying vacatur of award previously confirmed by court, under principle of res judicata)

Evident Partiality

Urban Associates, Inc. v. Standex Electronics, Inc., Case No. 04-40059 (USDC E.D. Mich. Feb. 17, 2012) (denying vacatur, no evident partiality, no failure or refusal to hear material evidence, arbitrators did no exceed powers) (magistrate judge’s report and recommendation and district court’s order)

This post written by John Pitblado.

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