• 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 / Arbitration Process Issues / ARBITRATION ROUND-UP

ARBITRATION ROUND-UP

January 11, 2011 by Carlton Fields

Exceeding Arbitrator’s Authority:

Controlotron Corp. v. Siemens Energy & Automation, Inc., Case No. 09 CV 03112 (USDC S.D.N.Y. Dec. 23, 2010) (denying motion to vacate award; granting motion to confirm award; arbitrator did not exceed authority by permitting amendment of claim and failing to make formal “written findings of fact and conclusions”)

Twin City Yellow Taxi, Inc. v. Farm Bureau Mutual Insurance Co., Case No. A10-775 (Minn. Ct. App. Dec. 28, 2010) (affirming denial of motion to vacate award; insufficient evidence that arbitrator exceeded powers; no evidence of evident partiality; defense not raised below is waived)

William Shirk v. Chicago Title Insurance Co., Case No. B222195 (Cal. Ct. App. Dec. 28, 2010) (affirming confirmation of award; award not procured by fraud; arbitrator did not exceed powers by reserving jurisdiction to decide future indemnity claims)

Class Arbitration:

Louisiana Health Service Indemnity Co. v. Gambro A B, Case No. 05-1450 (USDC W.D. La. Dec. 21, 2010) (denying motion to vacate order compelling class arbitration or limit order to only individual claims; distinguishing Stolt-Nielsen because panel applied FAA law rather than “policy choices”)

Imperfect Execution:

Ewers v. Genuine Motor Cars, Inc., Case No. 1:10 CV 1247 (USDC N.D. Ohio Dec. 10, 2010) (confirming award; denying motion to vacate or modify award; arbitrator did not imperfectly execute powers for failure to provide reasons for award that exceeded treble damages; “arbitrators are not required to explain their decisions” and agreement provided that no written opinion should issue; no manifest disregard of the law)

Consent Award:

American Heritage Life Insurance Co. v. Southwest Reinsure Inc., Case No. 3:10-cv-01040 (M.D. Fla. Nov. 23, 2010) (confirming $3,500,000 consent award)

Finality:

Sensordynamics AG Entwicklungs – UND Produktionsgesellschaft v. Memsco, LLC, Case No. 08-56803 (9th Cir. Dec. 29, 2010) (denying petition to confirm foreign arbitration award; award subject to change is not final and generally not appealable)

This post written by Michael Wolgin.

Filed Under: Arbitration Process Issues, 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.