Reinsurance Focus

Following is a summary of court decisions, some confirming, others vacating, arbitral awards:

Windler v. Anheuser-Busch, Inc., Case No. 10-cv-00350 (USDC D. Colo. Aug. 22, 2012) (denying motion to vacate arbitration award, finding that arbitrator did not manifestly disregard the law on reasonable accommodations under the Americans With Disabilities Act)

Barrick Enterprises, Inc. v. Crescent Petroleum, Inc., No. 11-1778 (6th Cir. Aug. 27, 2012) (affirming district court’s confirmation of arbitration award involving dispute under a petroleum supply agreement; finding that ex parte communication between arbitrator and employee was not in excess of arbitrator’s powers and district court did not apply the wrong evidentiary standard in confirming the award)

Scurtu v. Hospitality & Catering Management Services, Case No. 1:07-cv-00410 (USDC D. Ala. Sept. 13, 2012) (denying motion to vacate or modify arbitration award where the movant failed to set forth any grounds under the FAA for vacatur or modification or show how the arbitrator’s award would have satisfied such grounds)

N.J. Regional Council of Carpenters v. Jayeff Construction Corp., No. 11-3872 (3d Cir. Sept. 12, 2012) (affirming district court’s decision vacating arbitration award where there was insufficient evidence that appellee non-union contractor had entered into collective bargaining agreement bearing arbitration clause)

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Smolcheck, Case No. 12-80355 (S.D. Fla. Sept. 17, 2012) (denying motion to vacate and granting motion to confirm arbitration award; rejecting movant’s arguments on evident partiality, arbitrator misconduct, and insufficient opportunity to be heard)

Quench LLC v. Liquor Group Wholesale, Inc., Case No. 3:11-cv-811 (M.D. Fla. Sept. 13, 2012) (denying motion to vacate and granting motion to confirm arbitration award; finding that arbitrator had jurisdiction over signatory to agreement and that respondent was not prejudiced, under the circumstances, by waiting until after the final hearing before deciding whether certain respondents were subject to the arbitrator’s jurisdiction)

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Schwarzwaleder, No. 11-2605 (3d Cir. Aug. 13, 2012) (reversing district court’s decision vacating arbitration award requiring former employee to repay a loan from her former employer; arbitrator’s decision was not “irrational” as to warrant vacatur)

Comerica Bank v. Howsam, No. B232749 (Cal. Ct. App. Aug. 20, 2012) (affirming orders denying vacatur and confirming arbitration award; finding that arbitrator’s failure to timely disclose potentially disqualifying circumstances, as required under California statute, was not a ground for vacatur of international commercial arbitration award, and, further, that the award was not procured by fraud or corruption, did not result from a manifest disregard of the law, and that the arbitrator did not exceed his powers in deciding alter ego issues)

This post written by Ben Seessel.

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