The Fifth Circuit has rejected challenges under Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to a Swedish arbitration award.
In 1994, Carpatsky Petroleum Corp., at the time a Texas company, entered into a joint ...
The Western District of Texas had previously concluded that there was no "meeting of the minds" between the parties with respect to arbitration and denied the defendants' motion to compel arbitration. On appeal, the Fifth Circuit found that the policies and ...
The Fifth Circuit has suggested that the question of class arbitrability was for the arbitrator, not the court, based on the language of the arbitration clause at issue. The court ultimately concluded, however, that it did not need to reach that issue because the ...
Petitioner sought to vacate an arbitration award, arguing that the arbitration panel exceeded its authority in interpreting the terms of an insurance policy when it determined that certain claims fell within the policy's product pollution liability ...
Middletown Water Joint Venture LLC sought confirmation of an arbitration award finding it had a contractual right to charge the borough of Middletown for certain types of work and enjoining the borough from taking any action to interfere with Middletown Water's ...
A New York appellate court has held that a company's bankruptcy trustee was not bound by an arbitration agreement entered into by the company and an accounting firm.
In this action, Millennium Lab Holdings Inc. and Millennium Lab Holdings II LLC (Millennium ...
The plaintiffs sued Public Storage seeking insurance coverage after Public Storage allegedly disposed of personal belongings the plaintiffs had in a rented storage unit. The belongings were insured under a policy produced by PSCC Inc., an insurance brokerage ...
A federal judge in the Northern District of Illinois ruled that Chicago derivatives firm DV Trading LLC can force three futures traders to arbitrate claims that it is withholding $1.6 million to defray a $5 million regulatory fine for alleged market ...
A former executive and in-house lawyer for the Miami Heat basketball franchise sued the team for allegedly violating her rights under the Family and Medical Leave Act when she was terminated from her employment. The Heat filed a motion to compel arbitration ...
The District Court of Puerto Rico upheld a prior judgment ordering Integrand Assurance Co. to arbitrate its claims against its various reinsurers, rather than remand the case to the court overseeing Integrand's receivership, the Superior Court of the ...
The U.S. District Court for the Middle District of North Carolina has compelled arbitration over a party's objection that the dispute at issue was not within the scope of the arbitration clause and that arbitration was precluded by the opposing party's failure to ...
Following clarification by the arbitrator of his arbitration award, the parties sought confirmation, vacature, and/or modification of the award. The court found the award lacked finality: the issue of warrants was before the arbitrator, but even upon the ...
After the plaintiffs filed a fourth amended complaint, certain defendants sought to compel arbitration and stay further federal court proceedings. The plaintiffs did not oppose the motions, which argued that the subject agreements contained broad ...
The Second Circuit has reversed a $64 million judgment against Fireman's Fund Insurance Co. in the latest ruling in a long-running dispute related to primary and excess policies that Utica Mutual Insurance Co. issued to a company later embroiled in asbestos ...
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