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SILC Confirms Arbitration Award in Southern District of Florida
Finding in favor of SILC's client, Triangulo, the Southern District of Florida recently confirmed an arbitration award, applying the Panama Convention to decide many novel issues, including the continuing availability of extra-statutory grounds of review, the arbitrability of trademark ownership, and the ability to set aside an award under the Panama Convention. Agreeing with Triangulo on each of these points, the court found the arbitrary and capricious standard of review has no force, the parties can arbitrate trademark disputes, and the Panama Convention has no mechanism to allow a motion to vacate. The case received close attention from specialized media, including this report on the final outcome. The full order is here.
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Miami Arbitration Reports
Miami Arbitration Reports Volume 2 Issue 2 PDF Print E-mail

In this edition, we review three recent Supreme Court decisions plus a ruling from the Second Circuit, all of which are important cases for arbitration in the United States and abroad.  Download the most recent edition here.
 
Miami Arbitration Reports Volume 2 Issue 1 PDF Print E-mail

In the first official issue of 2010, MAR looks at the process for appointing experts analyzed by the Ninth Circuit.  The second case deals with the interesting issue of "alternative estoppel," and the third summary covers the pitfalls of striving too hard to promote the efficiency of arbitral proceedings.  Finally, we circle back to the Arbitration Fairness Act, but this time through the unique process of multi-district litigation.  For the full issue, click here.
 
Miami Arbitration Reports Volume 1 Issue 6 PDF Print E-mail

In the last issue of 2009, MAR reviews a Fifth Circuit refusing to compel a party to pay the arbitral fees.  In addition, we review a recent decision involving the sovereign immunity of the American Indian tribes in the context of a AAA arbitration.  Our third case looks at the proper pleading requirements for appellate jurisdiction, and in the final summary, we continue our series on the development of the manifest disregard standard of review with a look at the Tenth Circuit's take on the issue.  For the full issue, please click here.
 
Miami Arbitration Reports Vol 1 Issue 5 PDF Print E-mail

This issue of the Miami Arbitration Reports takes on recent decision by the Fifth Circuit to compel arbitration of claims related to a sexual assault in Iraq.  The case has political implications and is a must read.  Our special contributor, Erica Franzetti, discusses the development of 28 USC 1782, and other comments include a discussion on the Second Circuit's recent decision to refuse enforcement of a foreign award rendered against a foreign state and the Seventh Circuit's decision on the proper procedure for resolving disputes about naming an arbitrator.  To download this issue, click here.
 
Miami Arbitration Reports Vol 1 Issue 4 PDF Print E-mail

Issue 4 took on a number of interesting cases, including the outcome of a multimillion dollar arbitration between subsidiaries of oil industry giants Petrobras and Astra.  The Reports also reviewed a decision to apply Article V of the New York Convention by the Eleventh Circuit, a review of then appointee Sonia Sotomayor, and an analysis of a decision explaining the reasoning behind a decision on an arbitral award.  Click here for Issue 4.
 
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