Tag Archives: US Federal Arbitration Act

US District Court in New York reviews AAA Appellate arbitral panel decision with the same deference as arbitral awards under the FAA

On February 14, 2019, in considering cross applications to vacate and confirm an arbitration award, the United States District Court, S.D. New York decided to grant the same deference to a decision made by an appellate arbitration panel as is … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Arbitration proceedings, Challenges to awards, Court intervention, Damages, The Americas

U.S. Supreme Court’s First Opinion of 2019: Kavanaugh Favours Arbitrators’ Power to Decide Arbitrability

The U.S. Supreme Court’s first opinion of 2019, written by recently appointed Justice Brett Kavanaugh, confirms the long-standing support of the Court for arbitrators to decide the issues of arbitrability of a dispute submitted to arbitration.  The unanimous ruling defends … Continue reading

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Filed under Arbitrability, Arbitration laws, Arbitration proceedings, The Americas

US Court of Appeals for the Second Circuit upholds decision of Southern District Court and confirms arbitral award against Pemex that was set aside at its seat

The US Court of Appeals for the Second Circuit (the Court of Appeals) has upheld the decision of District Judge Hellerstein in Corporación Mexicana de Mantenimiento Integral, S. De R.L de C.V v. Pemex-Exploración y Producción, No. 10 Civ. 206 … Continue reading

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Filed under Enforcement, New York Convention, Panama Convention, The Americas

Dueling limitation periods: time-limit under the US Federal Arbitration Act trumped by state law on enforcement of foreign judgments

The US Court of Appeals for the District of Columbia Circuit rules that state law governing the limitation period for enforcing a foreign judgment that confirmed an arbitral award overrides the Federal Arbitration Act’s limitation period on award enforcement. On … Continue reading

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Filed under Awards, Enforcement, New York Convention, The Americas

Sharing it with the class – a review of recent US Supreme Court decisions on class action arbitration

The US Supreme Court recently issued two key decisions regarding the enforceability of class arbitration waivers and arbitrators’ powers to interpret arbitration agreements. In American Express Co. v Italian Colors Restaurant, the Court found that a class arbitration waiver was … Continue reading

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Filed under Arbitration clauses, Enforcement, The Americas

Application to remove arbitrators for bias – not on District Court’s watch

In a robust judgment, the US District Court of the Southern District of New York has rejected PK Time’s application to remove two arbitrators for alleged bias during its arbitration against Mr Robert (PK Time Group, LLC v. Robert, Docket … Continue reading

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Filed under Arbitrators, The Americas