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Archive for May, 2009

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Guest Blogger Victoria VanBuren Discusses the Role of Federal Arbitration Act Section 10(a)(4) After Citigroup Global Markets, Inc. v. Bacon

May 4th, 2009 Awards, Guest Posts, United States Court of Appeals for the Fifth Circuit 1 Comment »

Today we are honored and delighted to feature “Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup?”, a guest-blog post submitted by Victoria VanBuren, the blogmaster of Disputing, an excellent ADR blog.  We look forward to featuring more of her posts in the future. 

Victoria is an up and coming young attorney who works for Dispute Resolution Expert Karl Bayer.  Based in Austin, Texas, Karl’s team focuses on litigation, arbitration, and mediation of intellectual property, environmental, and health care disputes.  (Learn more about Karl Bayer’s practice here and read Victoria’s bio here.)  Victoria, a graduate of the University of Texas School Of Law, is currently pursuing a degree in computer science, and is a member of several ADR and other legal-services-oriented associations.  Victoria has done a wonderful job keeping Disputing loaded with up-to-date cases, legislation, and relevant articles on matters pertinent to arbitration and other forms of dispute resolution.  Her efforts are particularly impressive when you consider that she graduated from law school only a few years ago, is an active networker and business developer, and is pursuing a computer science degree on top of all of that.  Keep your eyes on this rising star! Continue Reading »

Update: Another Way to Subscribe to the Loree Reinsurance and Arbitration Law Forum

May 3rd, 2009 Feed, General, Subscribe Comments Off on Update: Another Way to Subscribe to the Loree Reinsurance and Arbitration Law Forum

Further to our post of earlier today, here is yet another way to subscribe to the Forum.  The following steps allow you to subscribe to our feed through the Favorites section of your Internet Explorer (“IE”) browser.  Whether or not they will work for other browsers is beyond my ken: 

  1. Click on this link:  http://feeds2.feedburner.com/Loreelawfirmcom. 
  2. When the feed page appears, click on View Feed XML. 
  3. When the new feed page appears, click on Subscribe to this feed. 

You should now be able to access the feed by clicking on the star-shaped icon at the left side of one of your IE toolbars and selecting Feeds.

Good luck!

How to Subscribe to the Loree Reinsurance and Arbitration Law Forum

May 3rd, 2009 Feed, General, Subscribe Comments Off on How to Subscribe to the Loree Reinsurance and Arbitration Law Forum

If you are interested in viewing the Forum via a Real Simple Syndication (“RSS”) feed, subscribing is very easy (and, of course, free).  Click on the following link:  http://feeds2.feedburner.com/Loreelawfirmcom.   You’ll see a feed page and can subscribe through Google or another reader service through the links provided on that page. 

Outlook 2007 has a very useful feature that allows you to receive e mails containing our posts and those of other blogs.   First, copy the feed URL (http://feeds2.feedburner.com/Loreelawfirmcom), and in Outlook go to Tools –> Account Settings –> RSS Feeds –> New.  Hit the Control key (Ctrl) together with the letter v (i.e., Ctrl-v) and the URL will be pasted in the space provided in the pop-up window.  Click OK and you’ll see an RSS Feed Options window.  Click OK and you will receive e mails containing several of our prior posts and new e mails as new items are posted.   

Good luck!

Nuts & Bolts: Limitation Periods for Motions to Vacate, Modify, Correct and Confirm Domestic Arbitration Awards Falling Under Chapter 1 of the Federal Arbitration Act

May 1st, 2009 Awards, Nuts & Bolts, Nuts & Bolts: Arbitration, Practice and Procedure Comments Off on Nuts & Bolts: Limitation Periods for Motions to Vacate, Modify, Correct and Confirm Domestic Arbitration Awards Falling Under Chapter 1 of the Federal Arbitration Act

Introduction

Today we briefly review the limitation periods applicable to motions to vacate, modify, correct and confirm arbitration awards.  Our discussion is limited to domestic awards falling solely under Chapter 1 of the Federal Arbitration Act and is not intended to be exhaustive.  In a future Nuts & Bolts feature we will discuss the rules applicable to non-domestic awards falling under Chapters 2 and 3 of the Federal Arbitration Act.   Our discussion is also limited to the rules that apply in federal courts within the United States Court of Appeals for the Second Circuit in diversity cases where the Federal Arbitration Act governs arbitration matters and New York law governs all other matters.   The rules may be interpreted differently by other circuits and, even within the Second Circuit, outcomes may vary depending on, among other things, which state’s law applies.

Limitation periods for motions to vacate or for other forms of relief under the Federal Arbitration Act and New York’s arbitration statute are construed quite strictly and practitioners should carefully abide by them.  Sometimes it is unclear whether a limitation period has accrued or been tolled.  In that event practitioners should err on the side of caution.  If there is a question whether the period for filing an application has accrued, assume that it has, and file and serve your papers within the shortest allotted period.  If there is a question whether the period has been tolled, assume that it has not, and do whatever it takes to toll it.  Continue Reading »

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