• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Reinsurance Focus

New reinsurance-related and arbitration developments from Carlton Fields

  • About
    • Events
  • Articles
    • Treaty Tips
    • Special Focus
    • Market
  • Contact
  • Exclusive Content
    • Blog Staff Picks
    • Cat Risks
    • Regulatory Modernization
    • Webinars
  • Subscribe
You are here: Home / Arbitration / Court Decisions / Confirmation / Vacation of Arbitration Awards / ARBITRATION AWARD UPDATE

ARBITRATION AWARD UPDATE

February 29, 2012 by Carlton Fields

Contract Formation

Logan & Kanawha Coal Co., LLC v. Detherage Coal Sales, LLC, No. 2:11-cv-00342 (USDC S.D. W. Va. Jan. 20, 2012) (granting vacatur, alleged arbitration provision not incorporated into parties’ contract)

Exceeded Scope

Zenith Logistics, Inc. v. Teamsters Local Union No. 100, No. 1:11-cv-00301 (USDC S.D. Ohio Feb. 1, 2012) (vacatur denied, arbitrator did not exceed scope in construing contract)

Evident Partiality

NGC Network Asia, LLC v. PAC Pacific Group Int’l, Inc., No. 1:09-cv-08684 (USDC S.D.N.Y. Feb. 3, 2012) (vacatur denied, no evident partiality).

Public Policy

Titan Tire Corp. v. United Steel, No. 3:10-cv-50296 (USDC N.D. Ill. Dec. 22, 2011) (denying vacatur on de novo review of claim that arbitration award under CBA violated public policy)

Manifest Disregard

Fastware, LLC v. Gold Type Business Machines, No. 2:09-cv-01530 (USDC D.N.J. Jan. 5, 2012) (motion to vacate denied, no manifest disregard)

Agility Public Warehousing Co., K.S.C. v. Supreme Foodservice GmbH, No. 11 Civ. 7375 (USDC S.D.N.Y. Dec. 19, 2011) (see also the court’s subsequent memorandum providing support for the December 19 Order) (confirming award, denying vacatur, no manifest disregard)

Hosier v. Citi Group Global Markets, Inc., No. 11-cv-00971 (USDC D. Colo. Dec. 21, 2011) (denying vacatur, arbitrators did not exceed authority, no manifest disregard)

Westminster Securities Corp. v. Petrocom Energy, Ltd., No. 1:10-cv-07893 (2d. Cir. Jan. 19, 2012) (affirming denial of vacatur, arbitrators did not exceed scope, no manifest disregard).

Priority One Services, Inc. v. W&T Travel Services, LLC, No. 10-1873 (USDC D.D.C. Aug. 23, 2011) (vacatur denied, arbitrators did not exceed scope, no manifest disregard), and subsequent order (Jan. 23, 2012) (awarding attorneys fees and costs to prevailing party due to frivolous vacatur argument)

Sawyer v. Horwitz & Assoc., Inc., No. 11-CV-1604 (USDC S.D. Cal. Jan. 31, 2012) (denying vacatur, no manifest disregard, no failure to hear pertinent material evidence)

Procedure

Choice Hotels Int’l, Inc. v. RMC Realty, Ltd., No. 8:11-cv-02093 (USDC D. Md. Jan. 31, 2012) (granting motion for default in action seeking confirmation of award).

Pacific Employers Ins. Co. v. Global Reinsurance Corp. of Am., No. 1:11-cv-06301 (USDC S.D.N.Y. Dec. 12, 2011) (granting motion to confirm award, including declaratory relief)

Johnson v. Nat’l Railroad Passenger Corp. Amtrak, No. No. 11-13739 (11th Cir. Jan. 10, 2012) (affirming dismissal of vacatur action for failure to state a cognizable statutory ground for vacatur)

Big Lagoon Rancheria v. California, No. 4:09-cv-01471 (USDC N.D. Cal. Feb. 1, 2012) (denying vacatur of JAMS mediator recommendations and orders)

This post written by John Pitblado.

See our disclaimer.

Filed Under: Confirmation / Vacation of Arbitration Awards

Primary Sidebar

Carlton Fields Logo

A blog focused on reinsurance and arbitration law and practice by the attorneys of Carlton Fields.

Focused Topics

Hot Topics

Read the results of Artemis’ latest survey of reinsurance market professionals concerning the state of the market and their intentions for 2019.

Recent Updates

Market (1/27/2019)
Articles (1/2/2019)

See our advanced search tips.

Subscribe

If you would like to receive updates to Reinsurance Focus® by email, visit our Subscription page.
© 2008–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · Disclaimers and Conditions of Use

Reinsurance Focus® is a registered service mark of Carlton Fields. All Rights Reserved.

Please send comments and questions to the Reinsurance Focus Administrators

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions.