Comments on: Arbitration Nuts & Bolts: Vacating Arbitration Awards — Part II: Corruption, Fraud and Undue Means http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-part-ii-corruption-fraud-and-undue-means Fri, 13 May 2011 22:34:34 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: Omer Losiewski http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-part-ii-corruption-fraud-and-undue-means/comment-page-1#comment-38819 Omer Losiewski Wed, 19 Jan 2011 18:46:47 +0000 http://loreelawfirm.com/blog/?p=2022#comment-38819 I am really thankful to this topic because it really gives great information `'; I am really thankful to this topic because it really gives great information `’;

]]> By: Arbitration Nuts & Bolts: Vacating Arbitration Awards – Part IIIA: Evident Partiality (Expectations of the Parties) | Loree Reinsurance and Arbitration Law Forum http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-part-ii-corruption-fraud-and-undue-means/comment-page-1#comment-7146 Arbitration Nuts & Bolts: Vacating Arbitration Awards – Part IIIA: Evident Partiality (Expectations of the Parties) | Loree Reinsurance and Arbitration Law Forum Mon, 04 Jan 2010 22:31:02 +0000 http://loreelawfirm.com/blog/?p=2022#comment-7146 [...] Part III of our Nuts & Bolts feature on vacating arbitration awards (Parts I and II  here and here) we consider the second statutory ground for vacating an award under the Federal Arbitration Act:  [...] [...] Part III of our Nuts & Bolts feature on vacating arbitration awards (Parts I and II  here and here) we consider the second statutory ground for vacating an award under the Federal Arbitration Act:  [...]

]]> By: Philip J. Loree Jr. http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-part-ii-corruption-fraud-and-undue-means/comment-page-1#comment-7028 Philip J. Loree Jr. Sun, 27 Dec 2009 19:01:11 +0000 http://loreelawfirm.com/blog/?p=2022#comment-7028 Steve, Thanks for your note. That fact pattern sounds vaguely familiar to me, too. I think it was one of those cases that brought to the forefront the importance of addressing in ethics rules the multi-jurisdictional aspects of law practice here in the U.S. In terms of its use as a ground for vacatur based on "undue means," I doubt the unauthorized practice of law was really the sort of thing the statute was designed to address, but the court's rationale was probably at least plausible. I hope things are going well and that the New Year brings prosperity for all! Phil Steve,

Thanks for your note. That fact pattern sounds vaguely familiar to me, too.

I think it was one of those cases that brought to the forefront the importance of addressing in ethics rules the multi-jurisdictional aspects of law practice here in the U.S. In terms of its use as a ground for vacatur based on “undue means,” I doubt the unauthorized practice of law was really the sort of thing the statute was designed to address, but the court’s rationale was probably at least plausible.

I hope things are going well and that the New Year brings prosperity for all!

Phil

]]> By: Steve Buchwalter http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-part-ii-corruption-fraud-and-undue-means/comment-page-1#comment-7025 Steve Buchwalter Sun, 27 Dec 2009 00:32:15 +0000 http://loreelawfirm.com/blog/?p=2022#comment-7025 Hi Phil. Nice article. While I can't recall the cite, I think I may have read a case about an unlicensed attorney (e.g., NY attorney doing an arbitration in CA where he is not licensed) constituted undue means. Hi Phil.

Nice article. While I can’t recall the cite, I think I may have read a case about an unlicensed attorney (e.g., NY attorney doing an arbitration in CA where he is not licensed) constituted undue means.

]]> By: Philip J. Loree Jr. http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-part-ii-corruption-fraud-and-undue-means/comment-page-1#comment-6956 Philip J. Loree Jr. Tue, 22 Dec 2009 22:52:03 +0000 http://loreelawfirm.com/blog/?p=2022#comment-6956 Hello, Paul -- thanks for your comment. I cannot recall offhand a case where a court upheld a challenge on undue means grounds. That said, the courts in the A.G. Edwards and United Parcels Service cases cited in the post rejected undue means claims. There have been a fair number of cases that have considered motions to vacate under Section 10(a)(1), and I'll let you know should I come across one where a court vacated an award on undue means grounds. Best wishes for the Holiday Season, Phil Hello, Paul — thanks for your comment.

I cannot recall offhand a case where a court upheld a challenge on undue means grounds. That said, the courts in the A.G. Edwards and United Parcels Service cases cited in the post rejected undue means claims.

There have been a fair number of cases that have considered motions to vacate under Section 10(a)(1), and I’ll let you know should I come across one where a court vacated an award on undue means grounds.

Best wishes for the Holiday Season,

Phil

]]> By: paul bennett marrow http://loreelawfirm.com/blog/arbitration-nuts-bolts-vacating-arbitration-awards-part-ii-corruption-fraud-and-undue-means/comment-page-1#comment-6923 paul bennett marrow Sun, 20 Dec 2009 14:00:49 +0000 http://loreelawfirm.com/blog/?p=2022#comment-6923 I have never run across a fact pattern suggesting undue means. Can you suggest one? I have never run across a fact pattern suggesting undue means. Can you suggest one?

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