Defended insurer against reinsurer's unsuccessful application to
vacate arbitration award on factual grounds.
Not exact matches
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.
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.
On March 5, the Supreme Court ruled that the federal appeals court in Washington should not have
vacated the
award, holding that nothing in the treaty overcame the normal assumption in US law that arbitrators rather than courts should decide disputes over the meaning of procedural conditions to
arbitration.
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.