Nothing in New York International Convention Negated Inherent Court Authority. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran won a breach of contract arbitration award against a U.S. corporation, which was confirmed under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the […]
Award Rejection and Petition to Vacate Arbitration Award Are Not “Action” Filing Equivalents. We have posted in the past on the importance of observing formalities when it comes to rejecting a nonbinding award in an attorney-client arbitration under the Mandatory Fee Arbitration Act (MFAA). Well, here is another unpublished decision that tells attorneys,
Breadth of Language Made the Difference in this One. Here is an interesting one that confirms that the breadth of language in a fees clause can make a difference. It especially did here, where the parties waived arbitration rights but the fees clause, but the use of “proceeding” language was broad enough to
Reason: Lack of Due Process! Here is a wild one, but one that shows appellate (and trial) courts will not hesitate to reverse awards when unfairness and due process concerns are present. In Wang v. Sun Led Sign Supply, Inc., Case No. B224195 (2d Dist., Div. 2 Aug. 17, 2011) (unpublished), an
#1: Post-Rejection Suit After Nonbinding Award Must Signal Award Rejection and Request for Trial De Novo; If Not, the Nonbinding Award May Become Binding. Kessinger v. Pepper, Case No. D057680 (4th Dist., Div. 1 July 28, 2011) (unpublished) is a very important decision for litigants rejecting a non-binding arbitration award made in an
Except for Slander Claim, Attorneys Relegated to Arbitrating Remaining Fee Claims. This next one is an interesting dispute between (former) clients and attorneys, where the lawyers sued for standard breach of contract, fraud, and slander. The problem is that lawyers could not effectively showe that they served a notice of right to arbitrate
Court Affirms Judgment that Includes Arbitrator’s Award of $1,136,000 in Attorney’s Fees and Costs. The Hon. Stephen E. Haberfeld (Ret.), was valedictorian at UCLA, an articles editor at Harvard Law School, a law clerk on the U.S. Court of Appeals, 2nd Circuit, an Assistant Watergate Special Prosecutor, and a U.S. Magistrate Judge. Acting
Reason: Nondisclosure of Social Relationship Between Claimant’s Attorney and JAMS Arbitrator. As reported by a June 29, 2011 post on Thomson Reuters News & Insight, a Texas appeals court vacated a $22 million base award and $6 million fee award in favor of a claimant based on claimant’s attorney’s failure to disclose his
Appellate Court Has Great Discussion on Fee Arbitration Rejection Requirements. Here is one that reminds everyone–clients and attorneys–engaging in fee arbitrations to keep a very open eye on complaint filing prerequisites applicable to rejection of adverse non-binding fee arbitration awards. The opinion discussing these topics is Clyne v. Hoover, Case No. H035539
Appellate Court So Holds in Prior Case After a Rehearing. In a prior post on October 13, 2010, we reviewed the case of Benjamin, Weill & Mazer v. Kors, Case No. A125732 (1st Dist., Div. 2), which was published but then erased from the books after the appellate court granted a rehearing on
