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Tag Archives: Arbitration

Attorneys’ fees award vacated over improper enhancement (access required)

An arbitration panel’s enhancement of an attorneys’ fees award above the amount calculated by multiplying the reasonable number of hours expended on the case by a reasonably hourly rate was vacated because the panel failed to explain why the base ...

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No sanction for argument that wasn’t clearly invalid (access required)

A defendant was properly sanctioned for raising arguments that the district court had already rejected, but he should not have been sanctioned for arguing that the class action arbitration waiver violated the NLRA and that the confidentiality provisions were unconscionable ...

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Agreement was insurance contract, arbitration clause void (access required)

Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

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Arbitrators exhibited ‘manifest disregard of the law’ (access required)

A panel of arbitrators, ignoring previous guidance from the court, disregarded the law that FINRA rules provide no private right of action. The court remanded with specific instructions that a broker’s counterclaims be considered by a different FINRA arbitration panel. ...

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Issues of arbitrability to be arbitrated (access required)

Incorporating the Rules of the International Chamber of Commerce into the Aircraft Management arbitration agreement constituted “clear and unmistakable evidence” of the parties’ intent to arbitrate issues of arbitrability. Background On May 23, 2018, GlobalOne Management Group Limited filed a ...

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Arbitrator should decide whether to arbitrate Fair Credit claim (access required)

The delegation clause in the credit card agreement “clearly and unmistakably” places questions of arbitrability within the province of the arbitrator, and the district court erred in denying a motion to compel arbitration of a claim that the credit company ...

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Wrongful death claim goes to court, not arbitration (access required)

In denying defendants’ motion to compel arbitration of a wrongful death claim relating to a nursing home patient, the court said it was not clear whether the deceased’s son signed the agreement as power-of-attorney and, in any event, the arbitration ...

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