An executive terminated by Doral Financial Corporation initiated an arbitration proceeding against Doral seeking severance compensation under contract. Doral counterclaimed, asserting that the former executive had breached a contractual non-competition clause by accepting employment at a competing bank. The arbitration panel decided both issues in the executive’s favor. Doral unsuccessfully petitioned the district court for vacatur. Doral appealed the denial of the petition to the Court of Appeals for the First Circuit. In support, Doral argued that he was denied a fair hearing in contravention of the FAA because the arbitrators had refused to issue pre-hearing and hearing subpoenas to the executive’s new employer and that the arbitrators lacked the authority to grant pre-award interest. The Fifth Circuit rejected both contentions and affirmed the denial of the petition to vacate. The appellate court held that Doral had a sufficient opportunity to present evidence at the hearing, argue for the issuance of subpoenas, and, furthermore, that the panel had the authority to award pre-hearing interest. Doral Fin. Corp. v. Garcia-Velez, No. 12-1519 (5th Cir. July 31, 2013).
This post written by Ben Seessel.
See our disclaimer.