Where a three-member American Arbitration Association panel awarded the petitioner more than $10 million based on the respondent’s default of a subcontract between the parties, and the respondent failed to answer or respond to the properly served and timely petition ...

Tagged with: Arbitration Judge Anthony J. Trenga U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Per Curiam Opinion

An entire award to a farmer who argued that his insurance company breached a contract was vacated because the arbitrator exceeded her authority by awarding extra-contractual damages, which can only be awarded by a court; and although her decision included ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Stephanie Dawn Thacker

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Roger L. Gregory

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. ...

Tagged with: Arbitration Judge Robert E. Payne U.S. District Court - Eastern District

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 ...

Tagged with: Arbitration Judge Robert G. Doumar U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Barbara Milano Keenan

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 ...

Tagged with: Arbitration Judge Michael T. Garrett Nelson County Circuit Court Virginia Circuit Courts

The court rejected a challenge to an arbitration panel’s ruling that found in favor of defendants, removed the plaintiff from the company and held her liable for attorney’s fees. Background In June 2015, Jacqueline Meuse, individually and derivatively, filed a ...

Tagged with: Arbitration Judge Nolan B. Dawkins Supreme Court of Virginia

The parties’ dispute involves alleged unpaid invoices. The court previously granted defendants’ motion to compel arbitration on one count of a multi-count complaint. The defendant then moved to refer the case to arbitration or to stay the remaining claims. The ...

Tagged with: Arbitration Judge Glen E. Conrad U.S. District Court - Western District