• 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 / SECOND CIRCUIT UPHOLDS ARBITRATION AWARD OVER CHARGES OF FRAUD AND PERJURY IN THE ARBITRATION PROCEEDINGS

SECOND CIRCUIT UPHOLDS ARBITRATION AWARD OVER CHARGES OF FRAUD AND PERJURY IN THE ARBITRATION PROCEEDINGS

August 31, 2017 by Carlton Fields

A former bond trader for Odeon Capital Group obtained an arbitration award against Odeon for $1,102,193.00 on a claim for unpaid wages.  Odeon then brought a petition to vacate the award on the ground of fraud, contending that the bond trader committed perjury at arbitration by falsely stating that no FINRA investigations into his business were then ongoing.  The trial court denied vacatur ruling that Odeon failed to demonstrate that the alleged perjury was material to the award of unpaid wages.  The court explained that in order for fraud to be material within the meaning of Section 10(a)(1) of the FAA, a petitioner must demonstrate a nexus between the alleged fraud and the decision made by the arbitrators (although a petitioner need not demonstrate that the arbitrators would have reached a different result).  On appeal, the Second Circuit agreed that the trader failed to demonstrate materiality.  The Second Circuit also reversed the lower court’s denial of the bond trader’s motion for attorneys’ fees incurred litigating the petition to vacate the award.  The lower court had erred by denying the fees as a matter of discretion under its equitable powers; the fees were mandatory under New York Labor Law.  Odeon Capital Group LLC v. Ackerman, Case No. 16‐1545‐cv (2d Cir. July 21, 2017).

This post written by Gail Jankowski.
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.