The Eleventh Circuit Court of Appeals affirmed a Florida federal court’s confirmation of an award from an international arbitration, which was challenged by Triangula Pisos E Paineis, LTDA (“Triangulo”), the party against whom the award was made. Triangulo contended that the award should be vacated under a provision of the Federal Arbitration Act allowing vacatur based on an arbitrator’s refusal to hear evidence pertinent to the controversy. Without deciding whether the FAA even applied, as Triangulo had argued, the Court held that even if it did, Triangulo failed to make the requisite showing to demonstrate that the arbitrator had in fact refused to hear pertinent evidence. It affirmed the trial court’s denial of vacatur and confirmation of the award against Triangulo. Triangulo Pisos E Paineis, LTDA v. BR-111 Imports & Exports, Inc., No. 12-10776 (11th Cir. Aug. 24, 2012).
This post written by John Pitblado.
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