Category: vacating arbitration awards
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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…
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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…
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FAA or State Arbitration Law?
Which Applies & When? By Leslie King O’Neal The 100-year-old Federal Arbitration Act[i] (“FAA”)[ii] applies to all written agreements to arbitrate disputes involving interstate commerce, which is broadly defined.[iii] But SCOTUS cases interpreting the FAA have created confusion about whether the FAA or state arbitration law applies when there is a transaction involving interstate…
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Effect of “Manifest Disregard of Law”
By Leslie King O’Neal 5th Circuit Holds “Manifest Disregard of Law” Not Basis to Vacate Award Is an arbitrator’s “manifest disregard of law” a basis to vacate an arbitration award? What does “manifest disregard of law” mean? Do all the federal circuits agree on use of “manifest disregard of law?” A recent case from the…
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How Much AI in Arbitration is Too Much?
By Leslie King O’Neal If Arbitrator Uses AI in Drafting Award, Is It Grounds for Vacatur? If an arbitrator uses artificial intelligence to draft an arbitration award, is he or she acting outside the arbitration agreement’s scope, permitting vacatur under FAA §10(a)(4)? This issue was raised in a recently filed petition to vacate arbitration award…
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arbitration arbitration award arbitration clauses arbitration rules Uncategorized vacating arbitration awards
Same Parties, Four Arbitrations, Four Different Awards
By Leslie King O’Neal A Texas-Size Dispute It’s been said everything is bigger in Texas. Covering 268,596 square miles, the Lone Star State is second largest in the U.S. by area.[i] Texas also creates some major disputes, as the recent 5th Circuit decision in Sullivan et al. v. Feldman et al[ii] illustrates. This case…
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arbitration arbitration award confidentiality mediation mediation statements multi-party mediation vacating arbitration awards witness statements
Happy Holidays to You
We wish you and yours a joyous holiday season and a happy new year. See you next year! Top Five Posts From 2024 These are our top five posts from 2024. We look forward to sharing more posts with you in 2025!
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Can Arbitration Award Be Vacated for Improper Pleading?
By Leslie King O’Neal In Ferraro Law Firm v. Royal Merchant Holdings (“Ferraro”),[i] a Florida appellate court vacated an arbitration award, holding improper pleading of a claim made the hearing fundamentally unfair. Should “improper pleading” be grounds to vacate an arbitration award? The Royal Merchant Litigation Ferraro started as an Ohio dispute between Royal…
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