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In North America

Second Circuit affirms arbitration award while confirming continuing applicability of manifest disregard of law

by 5 Mins Read

Seneca Nation of Indians v. State of New York, No. 19-4022 (2d Cir. Feb. 22, 2021) [click for opinion] On August 18, 2002, the Seneca Nation of Indians (the “Nation”) entered into a Compact with the State of New York for gambling activities in the Western District of New York. The Compact was for an initial 14-year term with an automatic renewal period of 7 years. It required the Nation to pay New York a percentage…

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In Canada

Canada: Enforceability of Arbitration Clauses in Insolvency Proceedings

by and 5 Mins Read

On June 10, 2021, the Supreme Court of Canada granted leave to appeal a decision with implications for the enforceability of alternative dispute resolution clauses in insolvency proceedings in Canada. Background In Petrowest Corp. v. Peace River Hydro Partners, a receiver was appointed over Petrowest under Canada’s federal Bankruptcy and Insolvency Act (“BIA”). In this case, the receiver later assigned the company into bankruptcy and was also acting as its bankruptcy trustee. The receiver/trustee commenced…

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In North America

Sixth Circuit holds that the “amount in controversy” in a petition to challenge an arbitration award is the amount sought in the arbitration, not the amount awarded.

by 2 Mins Read

Hale v. Morgan Stanley Smith Barney LLC, No. 20-33412 (6th Cir. Dec. 15, 2020) [click for opinion] Dissatisfied with several disciplinary actions taken against him at work, Plaintiff Richard Hale sought recourse against his employer, Defendant Morgan Stanley Smith Barney LLC (“Morgan Stanley”). Hale brought a case in arbitration, but the arbitrator awarded no damages. Hale then filed suit seeking to vacate the arbitration award pursuant to the Federal Arbitration Act (the “FAA”). The FAA…

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In North America

District court confirms arbitration award of $2 million in fees and costs to prevailing party and refuses sanctions against petitioner who sought to vacate the award

by and 4 Mins Read

Cognac Ferrand S.A.S. v. Mystique Brands LLC, No. 20 Civ. 5933 (S.D.N.Y. Jan. 31, 2021) [click for opinion] In 2008, Petitioner and Cross-Respondent Cognac Ferrand S.A.S (“Ferrand”), a French producer of liquor and spirits, entered into an exclusive marketing agreement with Respondent and Cross-Petitioner Mystique Brands LLC (“Mystique”). In the agreement, Mystique agreed to purchase certain minimum amounts of Ferrand’s products each year and to enter into a marketing agreement with Calvin Broadus a/k/a Snoop…

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