Card v. Stratton Oakmont concerns a motion to vacate an arbitration award brought, inter alia, on the ground that the arbitral tribunal had disregarded the rules of evidence. In September 1994, Claimant had filed for arbitration pursuant to the rules of the National Association of Securities Dealers Act (NASD) against Stratton Oakmont, claiming common law […]
McCreary Tire & Rubber Co. v. CEAT S.p.A. v. Mellon Bank NA (Garnishee) United States Court of Appeals for the Third Circuit (1974)
This case relates to an attachment and a motion to stay a lawsuit pending arbitration. The facts are as follows: Plaintiff sued CEAT for breach of the distributorship contract. In addition, Plaintiff sued Mellon Bank. Plaintiff had previously filed a suit against CEAT before the District Court of Massachusetts, where the court ordered arbitration, according […]
Stay of Judicial Proceedings Pending Arbitration: Rogers, Burgun, Shahine and Deschler, Inc. v. Dongsan Construction Co. ltd. US District Court for the Southern District of New York (1984)
In this case, Dongsan (Claimant) subcontracted RBSD (Respondent) services for developing part of the design of a hospital in Saudi Arabia. The Claimant agreed to pay 20% of the 2,5 million dollar fee in advance of Respondent’s performance. Respondent provided Claimant a Letter of Guarantee to secure the full amount of the advancement payment. The […]
Challenges to Contracts Containing an Arbitration Clause: Rent-A-Center v. Jackson U.S. Supreme Court (2010)
Rent-A-Center found that, under the FAA, a Court may only address challenges directed specifically against the arbitration provision, not against the contract as a whole. Generic challenges are to be resolved by the arbitrators. Respondent Jackson filed an employment-discrimination suit against petitioner Rent-A-Center, his former employer, in a Nevada Federal District Court. Rent-A-Center filed a […]
HULLEY ENTERPRISES LIMITED (CYPRUS) V. THE RUSSIAN FEDERATION (PCA CASE NO. AA226) – FINAL AWARD 18 July 2014
The Yukos group of companies, whose controlling shareholders were OAO Yukos Oil Company, Hulley Enterprises Limited (Cyprus), Yukos Universal Limited (Isle of Man) and Veteran Petroleum Limited (Cyprus), was supposed to benefit from tax exemptions. However, in 2002, these exemptions were revoked at the Closed Administrative Territorial Units (“ZATOs”). Then, starting in 2003, Yukos suffered […]