Category: arbitration award
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Courts Uphold Arbitrators’ Contract Interpretations–Right or Wrong
By Leslie King O’Neal Parties Bargained for Arbitrator’s Interpretation–Courts Won’t Usurp Function Many arbitration agreements grant arbitrators broad powers, including contract interpretation. The two cases in this post show the difficulty in vacating arbitration awards by claiming the arbitrator misinterpreted the contract. As stated in Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA, “Parties to
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Texting Witness Re: Answers During Testimony Results in Vacating Arbitration Award
Texting witnesses during testimony at arbitration constitutes fraud, resulting in court vacating arbitration award.
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Confidentiality in arbitration–and afterward
Confidentiality in arbitration is more limited than many attorneys and parties believe. Confidentiality agreements can help protect sensitive information, but they’re not binding on courts considering post-hearing motions. This post gives guidance on keeping information confidential during and after arbitration.
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Arbitration Awards: Avoiding Unfair Results
By Andy Ness How far can arbitrators go in fashioning an appropriate remedy without putting the arbitration award at risk of vacatur? A 2022 decision by the North Carolina Court of Appeals sheds light on what arbitrators can do when the contract’s remedy-granting provisions cannot be applied, but basic fairness calls for a remedy.[1] The
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