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 […]
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 […]
GRAND RIVER ENTERPRISES FIVE NATIONS LTD. ET AL. V. UNITED STATES OF AMERICA Award of 12 January 2011
In this NAFTA case, Claimants included Grand River Enterprises Six Nations, Ltd., a Canadian corporation involved in the manufacture and sale of tobacco products, Messrs. Jerry Montour and Kenneth Hill (Canadian nationals) and Mr. Arthur Montour, Jr., of Seneca Nations Territory, Perrysburg, New York. The Claimants filed arbitration claims against several States of the USA […]
HALL STREET ASSOCIATES, LLC v. MATTEL, INC. US Supreme Court (2008)
The case Hall Street Associates, LLC v. Mattel, Inc. relates to a dispute in relation to a lease which provided that the tenant would indemnify the landlord for any costs resulting from the failure of the tenant or its predecessor lessees to follow environmental laws while using the premises. A test in 1998 at the […]