Category: vacating arbitration awards
-
How Should Arbitrators Deal With “Excess Evidence” and “Unreliable Evidence?”
By Leslie King O’Neal Hinkes v. Sunera Technologies, Inc.–Is “Excess Evidence” Grounds to Vacate Award? Sarah Hinkes sued her employer, Sunera Technologies, and two employees for alleged discrimination that violated federal statutes.[i] The lawsuit was stayed pending arbitration. The arbitrator ruled in the employer’s favor and the trial court confirmed the award. Hinkes moved to…
//
-
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…
//
-
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…
//
-
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…
//
-
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…
//
-
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…
//
-
It’s Too Late, Baby–Motion to Vacate Denied
By Leslie King O’Neal Don’t Be Late Being “too late” is a popular theme in rock music.[1] Being “too late” in filing a motion to vacate an arbitration award can mean a party loses its right to review an adverse award. This post discusses the deadline for filing motions to vacate and some obstacles to…
//
-
GA Supreme Ct. Upholds Arbitration Award Despite Ex Parte Emails
By Leslie King O’Neal Ex Parte Emails Inappropriate & Unethical It’s well established that arbitrators should not have ex parte communications with parties to the proceedings. Such communications raise issues about the arbitrator’s impartiality and neutrality. Arbitrators should avoid oral or written ex parte communications with parties or counsel to prevent motions to vacate the…
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (5)
- "settlement privilege" (2)
- ADR (4)
- arbitration (58)
- arbitration award (22)
- arbitration clauses (16)
- arbitration rules (13)
- artificial intelligence (16)
- attorney's fees (1)
- case management (6)
- confidentiality (8)
- construction law (2)
- discovery in arbitration (5)
- dispute prevention (1)
- dispute review boards (3)
- diversity (1)
- evidence (4)
- FAA (15)
- FAC (2)
- insurance (4)
- international arbitration (1)
- mediation (27)
- mediation preparation (13)
- mediation privilege (2)
- mediation statements (4)
- multi-party mediation (8)
- neutral evaluation (5)
- private judge (1)
- privilege (4)
- reconciliation (1)
- RUAA (1)
- sanctions (2)
- Uncategorized (19)
- vacating arbitration awards (16)
- witness statements (6)
Recent Posts
Tags
"guided choice" mediation "manifest disregard of law" "settlement privilege" AAA AI AI arbitrator arbitration arbitration awards arbitration rules arbitrator contract interpretation arbitrators fashioning equitable awards artificial intelligence bias case management confidentiality FAA good faith international arbitration mediation mediation preparation mediation statements multi-party mediation neutral evaluation pleading in arbitration private judge reconciliation state arbitration law technology vacating arbitration awards witness statements