NEWS AND NOTES

U.S Supreme Court Restricts Court Interference With Arbitrators’ Decision

On June 10, 2013, in Oxford Health Plans, LLC v. Sutter, the United States Supreme Court reconfirmed the limited circumstances under which Federal Courts may vacate arbitrators’ decisions on the ground of “exceeding their powers” ...

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The United States Supreme Court Reiterates that the FAA is Paramount

On November 26, 2012, the United States Supreme Court, in a per curiam opinion, vacated an Oklahoma Supreme Court decision in Nitro-Lift Technologies, L.L.C. v. Howard et al. (Docket 1-1377), on the ground that the ...

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Queen Mary/White & Case 2012 Survey

The 2012 Queen Mary/White & Case Survey, Current and Preferred Practices in the Arbitral Process, analyzes the extent to which diverse procedural practices in international arbitration are harmonized. The Survey explores current and preferred practices ...

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Discovery is Available in the U.S. for Foreign Arbitrations

On June 25, 2012, in In re Consorcio Ecuatoriano de Telecomunicaciones S.A., v. JAS Forwarding (USA), Inc., the United States Court of Appeals for the 11th Circuit held that an arbitral tribunal located in Ecuador ...

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Circuit Courts of Appeal Disagree on Class Arbitration

On May 18, 2012, the U.S. Court of Appeals (5th Cir.) in Reed v. Florida Metropolitan University Incorporated concluded that an arbitrator had exceeded his authority by ordering the parties into class arbitration without a ...

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Second Circuit Court of Appeals Rules on “Evident Partiality”

In this case, the Court of Appeals reversed the district court's vacatur of an award and ruled that non-disclosure by two arbitrators of their concurrent service in another similar case did not rise to the ...

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New York Court of Appeals Rules on Arbitrator Partiality

In U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc. (Nov. 15, 2011), the New York Court of Appeals considered the  meaning of "evident partiality" of an arbitrator as a basis for vacatur of an arbitration ...

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ICC Adopts New Arbitration Rules

The International Chamber of Commerce has adopted new arbitration rules which will become effective on January 1, 2012 ("Rules").  The main objective of the Rules is to promote efficiency in arbitration and to modernize the ...

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Third Circuit Applies AT&T Mobility v. Concepcion

On August 24, 2011, in Litman, et al. v. Cellco Partnership d/b/a Verizon Wireless, No. 08-4103, on remand from the United States Supreme Court, the United States Court of Appeals for the Third Circuit (Philadelphia) ...

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France Revises Arbitration Law

France's revised Arbitration Law (Articles 1442-1527 of the French Civil Procedure Code), which came into effect on May 1, 2011, includes new sections, clarifies existing provisions and codifies existing case law. Notably, international arbitration agreements ...

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Supreme Court Upholds Class Action Waivers In Consumer Arbitration Agreements

The United States Supreme Court in AT&T Mobility LLC  v. Concepcion (Slip Op. No. 09-893, April 27, 2011) struck down California's "Discovery Bank" rule to the extent that it authorized courts to refuse to enforce ...

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Settlement Reached at Mediation is Binding Despite the Absence of “Important” Terms

On April 11, 2011, the U.S. Court of Appeals for the 9th Circuit handed down its decision concerning whether the Winklevoss brothers were bound by an agreement entered into at the conclusion of a mediation ...

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