Reinsurance Focus

Manifest Disregard

HET-JV v. Weston Solutions, Inc., No. 13-100 (USDC E.D. Pa. June 4, 2013) (vacatur denied for ICDR interim award on liability, no manifest disregard, arbitrators did not imperfectly execute powers. Confirmation also denied as premature prior to damages phase of arbitration)

Smith v. Servicemaster Holding Corp., No. 2:11-cv-02943 (USDC W.D. Tenn. May 21, 2013) (vacatur denied where arbitrator ruled that arbitration could proceed on class-wide basis, ruling did not exceed powers, and was not in manifest disregard of the law).

A&G Coal Corp. v. Integrity Coal Sales, Inc., No. 12 Civ. 5293 (USDC S.D.N.Y. May 21, 2013) (vacatur denied, no manifest disregard, arbitrator did not exceed scope of authority).

C-Sculptures, LLC v. Brown, No. 2011-195907 (S.C. May 8, 2013) (affirmation of award reversed by South Carolina Supreme Court, finding award reflected manifest disregard of the law, as arbitrator had been apprised of applicable law and improperly failed to grant respondent’s motion to dimiss)

Exceeding or Imperfectly Executing Powers

Langlais v. Pennmont Benefit Services, Inc., No. 12-3234 (3d Cir. June 7, 2013) (affirming confirmation of arbitration award, arbitrator did not exceed powers, claims were within the scope of arbitration).

Award Exceeds Scope of Submission

Chevron Corp. v. Republic of Ecuador, No. 12-1247 (USDC D.C. June 6, 2013) (confirming award under New York Convention, finding the award was within the scope of the submission).

Marker Volkl (Int’l) GMBH v. Epic Sports Int’l, Inc., No. 12 Civ. 8729 (USDC S.D.N.Y. May 1, 2013) (denying vacatur of foreign award under New York Convention for failure to establish any of the enumerated bases for vacatur, award was within scope of submission).

Award Result of Fraud, Deceit

Meeks v. Host International, Inc., No. 11-17928 (9th Cir. May 22, 2013) (vacatur denied to pro se plaintiff from arbitration award against her in employment termination case, as no fraud, deceit or bad faith demonstrated in arbitration award).

This post written by John Pitblado.

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