Reinsurance & Arbitration Focus

Defendants-appellees picked up work orders from the plaintiff-appellant in its Florida offices, performed field work in Florida, and sent invoices to the plaintiff-appellant in Texas, who eventually stopped paying the invoices. The defendants-appellees ...

Following unsuccessful motions to dismiss, the defendants moved to compel arbitration, arguing that they had not moved to compel the matter to arbitration earlier because the plaintiffs had not yet completed all stages of the dispute resolution procedures ...

Schuyler Line Navigation Co., LLC ("SLNC") argued, in part, that the arbitrator's partiality should be inferred from his previous representation of KPI Bridge Oil, Inc. ("KPI") and its affiliates, alleged hope for future business from KPI, and the extent of his ...

Interstate National Dealer Services, Inc. ("INDS") challenged an arbitration award pursuant to OCGA § 9-9-13(b)(3), alleging the arbitrators overstepped their authority, and (5) the arbitrator's manifest disregard of the law. Here, the arbitrator's award ...

In a dispute over Uber's alleged failure to provide a wheelchair-accessible ride-sharing option in New Orleans, the District Court held that, under California law, plaintiffs were not equitably estopped from avoiding arbitration because their ADA claims did ...

In opposing a motion to compel arbitration, Nueces County made two procedural arguments: first, that the carrier waived its right to arbitrate by virtue of the policy's service-of-suit clause. The District Court for the Southern District of Texas rejected the ...

The petitioner unsuccessfully sought to vacate an arbitration award permitting Uber's use of a "surge" pricing algorithm to set fares, arguing that comments made by the arbitrator reflected his "evident partiality" toward Uber in violation of 9 U.S.C. § ...

The question before the Southern District of New York was whether, under English law, certain facultative reinsurance policies obligated a reinsurer to indemnify its cedent for a $20 million settlement. The finding was notwithstanding the three-year stated ...

An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally changing its procedures for ...

The applicant sought to require documents and deposition testimony from an individual located in, and a corporation headquartered in, New York for use in an international arbitration initiated against the Republic of Lithuania arising out of Lithuania's ...

The plaintiffs filed a class action against Domino's, alleging that the company's franchise agreement violated federal antitrust law as well as state law. Domino's moved to compel arbitration, and the plaintiffs opposed on the basis that Domino's couldn't ...

"Although a predecessor collective bargaining agreement does not automatically bind a 'perfectly clear' successor, it may if the employer expresses an intent to be bound." Here, Vectrus Systems Corp. entered into an agreement with Teamsters Local 631 ...

The petitioner challenged an arbitration award on the basis that it conflicted with public policy. "[T]he Third Circuit has explained that this exception does not ... sanction a broad judicial power to set aside arbitration awards as against public policy." ...

A customer argued that he is not bound to the arbitration clause included in Amazon's conditions of use since August 2011 because he never received notice of the clause or manifested his assent to it. Nonetheless, the customer had made at least 27 purchases through ...

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 ...

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 ...

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 petitioner filed a complaint seeking to vacate an arbitration award, and the respondents moved to dismiss. Despite "the deferential standard of review" given to arbitration awards and the petitioner's "significantly challenging road ahead," the ...

Where the parties to a private arbitration in the United Kingdom disagreed as to whether the arbitration panel is a "foreign or international tribunal" for purposes of obtaining testimony from residents in South Carolina pursuant to 28 U.S.C. § 1782, the Fourth ...

In a dispute centering on the preclusive effect of an arbitration award, the defendant sought to enjoin the plaintiff’s arbitration demand as it was an attempt to collaterally attack the confirmed award. The plaintiff argued that it was not seeking to ...

The defendant sought to vacate an arbitration award, arguing that the arbitrator prejudiced the defendant by refusing to order discovery it requested and failed to apply California law to the analysis of attorneys’ fees and costs. The Southern District of ...

In a challenge to an arbitration award on the basis that the arbitrators exceeded their powers in determining damages, the Third Circuit affirmed the District of New Jersey's confirmation of the award.

First, the appellant argued that the arbitrator erred by ...

Following a 2007 settlement concerning the allocation of investigation and remediation costs incurred due to environmental contamination at an industrial complex, the parties agreed to resolve the litigation between the parties and arbitrate the ...

In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing that the panel was improperly ...

When two parties in an arbitration were unable to select a "mutually agreeable" arbitrator, the Massachusetts district court stepped in to handle the selection. The parties' arbitration agreement provided that the parties would select a "mutually agreeable ...

The plaintiff moved to vacate an arbitration award and the defendant moved to dismiss and confirm. The defendant's dismissal motion challenged confirmation of an arbitration award, arguing that the matter was filed in violation of the arbitration agreement's ...

Finding that a California trial court's statement of decision was not a judgment or appealable order, the California Court of Appeal dismissed the appeal, having no jurisdiction or authority to review it.

The appellant argued that the statement of decision was a ...