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Recent Case Law Briefly Noted: Competence-Competence, the Public Policy Defense, and Removal of Convention Cases from State Courts

n  Breaking no new ground, but adding rich fertilizer to the garden of  US compétence-compétence jurisprudence, a recent decision by the Chief Judge of the U.S. District Court in Manhattan, nominally applying New York contract law but with the substantial influence of federal arbitral “common law,” held that the arbitrator, not a court, should decide […]

Parties May Not Bypass District Court for Judicial Review of Award, Ninth Circuit Holds

In a variation on the theme of Hall Street Associates v. Mattel, Inc., the US Ninth Circuit Court of Appeals held in a recent case that the Federal Arbitration Act forbids an agreement of the parties to bypass initial judicial review of the award by a federal district court in favor of first instance review […]

Party-Appointed Arbitrator May Sometimes Serve in Consecutive Related Cases — 7th Circuit Holds

Rarely may an arbitrator serve in consecutive arbitrations involving the same issues under the same contracts, as one party or another will object that the arbitrator who has once decided an issue cannot re-decide the same issue impartially in a second case. But sometimes, notably but not exclusively in U.S. domestic arbitration, it is agreed […]