Category: arbitration award
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How Do Arbitrators Determine Delay & Damages Quantum?
By Andrew Ness At the most recent Construction SuperConference, I was honored to speak on a panel titled: “Insights from Arbitrators and Advocates on Providing Alternative Delay and Damages Quantum.” When asked whether the Respondent should provide its own delay and damages analyses, my answer was “pretty much always.” Then the question turned to “how
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Surety’s “Do Nothing” Strategy Backfires
By Leslie King O’Neal The “Do Nothing” Strategy is Risky in Arbitration Parties have options when faced with a demand for arbitration. They can participate in the arbitration process, receive the arbitration award and pursue confirmation or vacatur, if appropriate. Or parties can put their heads in the sand, choose to “do nothing” and simply
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“Peacemakers-in-Chief”: POTUS and ADR
By Leslie King O’Neal In honor of President’s Day, this post discusses how some U.S. Presidents have promoted and used arbitration and mediation. George Washington’s Will Had an Arbitration Agreement Even in the early days of the United States, arbitration was a favored method to resolve disputes. The Father of Our Country included an
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Is “Manifest Disregard of Facts” Grounds to Vacate Arbitration Award?
By Leslie King O’Neal 9th Circuit Says “Manifest Disregard of Facts” Can Be Grounds to Vacate Can a court vacate an arbitration award if the arbitrator manifestly disregards undisputed facts?” Simply reading FAA §10[i] would indicate “no” but a recent 9th Circuit opinion opens the door for this as grounds to vacate. Noting the FAA’s
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Disclosures are Key in Appraisals or Arbitrations
By Leslie King O’Neal Is Appraiser Partiality Grounds to Vacate an Appraisal? The Burke Appraisal The Burke case was a lease dispute between a landlord and a tenant regarding rent adjustments based on the property’s fair market value. The lease provided that each side would select an appraiser and these appraisers would attempt to resolve
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Reversing Prior Confirmation, Court Vacates Arbitration Award for Fraud
By Leslie King O’Neal Court Vacates Award for Perjured Testimony & Withheld Documents Vacating an arbitration award under the FAA is extremely difficult. It’s nearly impossible to vacate an arbitration award after a court confirms it in part. However, evidence of perjured testimony at arbitration and withheld documents led a federal judge to do just
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Arbitration Award Upheld Despite Misnomer
By Leslie King O’Neal What’s in a Name? In arbitration, as in court, it’s important to name the parties accurately. However, in a recent case, the 6th Circuit upheld an award which incorrectly named the respondent. Finding the substance of the arbitration award governed over the caption’s form and that the respondent waived any objection
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Can Courts Review “Interim” Arbitration Awards Under the FAA?
By Leslie King O’Neal Interim v. Final Awards—What’s the Difference? Arbitrators often issue “interim” awards regarding certain issues, such as liability, leaving damages claims or attorneys’ fees for later determination. Are these interim awards subject to motions to confirm or to vacate under FAA §§ 9 and 10? As discussed below, courts have generally held
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