Sentences with phrase «to vacate the arbitration award»

BG Group responded by saying the district and appellate courts assumed that the manifest disregard doctrine was a basis for vacating arbitration awards, but then held that the tribunal in this case did not manifestly disregard the law, rendering moot Argentina's bid for clarity on the issue.

At the other end of the arbitration process, our arbitration litigators also have succeeded in vacating arbitration awards unfavorable to our clients.

Defended insurer against reinsurer's unsuccessful application to vacate arbitration award on factual grounds.

We provide comprehensive litigation counsel and have frequently succeeded in persuading courts to compel arbitration; at the other end of the arbitration process, Perkins Coie litigators have also succeeded in vacating arbitration awards unfavorable to our clients.

A court will not vacate an arbitration award simply because a court of law would have reached a different decision than the arbitrators.

The Developer's lawsuit claimed that the court should vacate the arbitration award because the result was procured by fraud and / or bias by the arbitrators.

The NFL world was rocked on Thursday as Judge Richard Berman vacated the arbitration award against Tom Brady.

His experience involves vacating arbitration awards, complex and class action wage - hour matters, pension collection cases, and injunctions against picketing in Section 301 cases.

Adams then sought legal counsel for the first time, and petitioned the court for an order vacating the arbitration award.

The South Carolina Court of Appeals noted that decisions of courts in other jurisdictions have vacated arbitration awards only where there had been a «manifest disregard or perverse misconstruction of the law.»

Federal appellate court reverses its earlier decision and determines that arbitrator's failure to disclose his minimal contact with prevailing party's attorney did not require vacating an arbitration award.

The court reasoned further that decisions recognizing non-statutory ground for vacating arbitration awards have required something beyond, and different than, a mere error of law or failure on the part of arbitrators to understand or apply the law.

The Challengers sought to vacate the arbitration award on three grounds: first, there was no agreement to arbitrate between the parties; second, the Association did not have jurisdiction to arbitrate the dispute; and finally, the Challengers are entitled to the commission pursuant to the Agreement.

«Petition to vacate the arbitration award was granted.

c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.

«[E] ven if an out - of - State attorney's representation of a party at an arbitration proceeding in Massachusetts might constitute the practice of law, this conduct does not provide a basis to vacate the arbitration award, and, as such, the plaintiffs are not entitled to relief.»

On appeal to the SJC, the court said that, even if the lawyers» appearance had been unauthorized practice, that would not provide a basis to vacate the arbitration award.

For example, in 2009 the Indiana Court of Appeals affirmed the dismissal of a real estate broker's action to vacate an arbitration award to another broker.

Thus, the court denied the petition to vacate the arbitration award.

The court first considered whether the arbitration award was procured by «fraud», one of the limited grounds in the Tennessee Uniform Arbitration Act («Act») that allow a court to vacate an arbitration award.

The Developer had not offered any support for these allegations and so had not met the «evident partiality» requirement found in the Act for vacating an arbitration award.

In Minnesota, a court may vacate an arbitration award in very limited circumstances specified by a state statute.

Some examples of when a court may vacate an arbitration award are if the award was obtained by «fraud or other undue means» or if» [t] he arbitrators exceeded their powers.»

Since there was no indication that the Challengers were denied due process (indeed, the court stated that the record indicates that the Association «took great care to ensure the arbitration proceedings... were conducted in accordance to the Manuals» procedural guidelines»), the court found no grounds to vacate the arbitration award.

The Challengers brought a lawsuit against the Prevailing Party and the Association, seeking to vacate the arbitration award.

As a result of this finding, the court denied their motion to vacate the arbitration award and dismissed the case.