The circuit court erred by granting defendant’s motion to vacate an arbitration award. The court misinterpreted the relevant statute when it concluded the motion was timely filed. Overview Plaintiff bought a used car from GN Auto and sued GN and ...

Tagged with: Arbitration Order Supreme Court of Virginia

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 ...

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

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