Tag: vacating arbitration awards
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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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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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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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