Justia Arbitration & Mediation Opinion Summaries

Five former employees of Credit Suisse began arbitration proceedings before FINRA concerning employment-related disputes. The employees had entered into employment agreements with Credit Suisse that included provisions to resolve all employment‐related disputes by arbitration before a private arbitration provider.Credit Suisse sought to compel the employees to dismiss the FINRA arbitration and pursue their claims in a non‐FINRA arbitral forum. The district court granted Credit Suisse's petition and entered judgment ordering the employees to pursue their claims in a non‐FINRA arbitral forum. The court concluded that FINRA Rule 13200 does not prohibit the enforcement of pre‐dispute waivers of a FINRA arbitral forum. Accordingly, the court affirmed the district court's judgment. View "Credit Suisse Secs. LLC v. Tracy" on Justia Law

The shipper petitioner appealed the district court's order confirming an arbitration award and award of attorney's fees and costs to the respondent carrier. The court concluded that the shipper has not established any ground for vacating the arbitral award. The court rejected the shipper's argument that the arbitral panel manifestly disregarded the substantive law of the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. 30701, and the shipper's argument that the panel chairman was guilty of corruption or misbehavior because he failed to disclose his illness to the parties. The court affirmed the district court's order confirming the arbitration award. The court concluded, however, that there was no finding that the petitioner shipper breached the charter agreement. Accordingly, the court reversed the district court's award of attorney's fees and costs. View "Zurich Am. Ins. Co. v. Team Tankers A.S." on Justia Law