A New Rule for Vacatur of International Arbitration Awards
Posted on May 17, 2023 in Arbitration, Uncategorized | Comments Off on A New Rule for Vacatur of International Arbitration Awards
Overruling Industrial Risk Insurers v. M.A.N. Gutehoffnunshutte GmbH, 141 F.3d 1434 (11th Cir. 1998) and Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), the Eleventh Circuit has held that an international arbitration award falling under the New York Convention may be vacated by courts in the arbitration’s “primary...
Full Court Will Consider Grounds for Vacatur of International Arbitration Awards
Posted on Oct 7, 2022 in Arbitration | Comments Off on Full Court Will Consider Grounds for Vacatur of International Arbitration Awards
The court will rehear en banc Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., 2022 U.S. App. LEXIS 27855 (11th Cir. Oct. 5, 2022), concerning the grounds for vacatur of an arbitration award falling under the New York Convention. As we reported here, a panel of the court affirmed a denial of a motion for vacatur but invited the full court to revisit the issue. Posted by Valerie...
Arbitration Agreement’s Delegation Clause Must Be Enforced Even If Arbitration of Underlying Claims Prohibited by Statute
Posted on Aug 21, 2022 in Arbitration | Comments Off on Arbitration Agreement’s Delegation Clause Must Be Enforced Even If Arbitration of Underlying Claims Prohibited by Statute
In Attix v. Carrington Mortgage Services, LLC, 35 F.4th 1284 (11th Cir. May 26, 2022), the Eleventh Circuit reversed a district court’s denial of a motion to compel arbitration and enforced the parties’ agreement to delegate to the arbitrator questions of arbitrability, including whether arbitration itself was precluded by the Dodd-Frank Act. The decision not only reinforces the...
Panel Invites Full Court to Revisit Grounds on Which International Arbitration Awards Can Be Vacated
Posted on Jul 3, 2022 in Arbitration | Comments Off on Panel Invites Full Court to Revisit Grounds on Which International Arbitration Awards Can Be Vacated
In Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., 34 F.4th 1290 (11th Cir. 2022), a panel of the Eleventh Circuit urged the full court to reconsider its holding in Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), and to add to the grounds on which an international arbitration award rendered in the United States,...
Federal Arbitration Act, Not Georgia Arbitration Code, Applied to Review of Arbitration Award
Posted on Apr 25, 2022 in Arbitration | Comments Off on Federal Arbitration Act, Not Georgia Arbitration Code, Applied to Review of Arbitration Award
In Gulfstream Aerospace Corp. v. OCELTIP Aviation 1 PTY Ltd, 2022 U.S. App. LEXIS 10382 (11th Cir. Apr. 18, 2022), the Eleventh Circuit rejected an argument that the parties’ contract provided for the Georgia Arbitration Code (“GAC”), rather than the Federal Arbitration Act (“FAA”), to apply to proceedings to confirm or vacate an arbitration award. The underlying dispute arose from an...
Strike While the Arbitration Award Is Hot: Three-Month Window to File Motion to Vacate Does Not Prevent Earlier Confirmation
Posted on Dec 24, 2021 in Arbitration | Comments Off on Strike While the Arbitration Award Is Hot: Three-Month Window to File Motion to Vacate Does Not Prevent Earlier Confirmation
The Federal Arbitration Act provides for motions to confirm (9 U.S.C. § 9) or to vacate or modify (9 U.S.C. §§ 10, 11) an arbitration award, but the motions are not all subject to the same deadline. A motion to confirm may be filed within a year after the award is made, whereas the window for filing a motion to vacate or modify is only three months. (Compare id. § 9, with § 12.) But...