The Fifth Circuit just issued a decision openly disagreeing with how the Second Circuit has interpreted both the Stolt-Nielsen decision and case law regarding the level of deference that courts owe arbitrators. In Reed v. Florida Metropolitan Univ., Inc., __ F.3d __, 2012 WL 1759298 (5th Cir. May 18, 2012), the Fifth Circuit vacated
confirm
The Arbitrator Finds The Contract Invalid. Now What?
By Liz Kramer on
What is an arbitrator to do after concluding that the parties’ entire agreement — the same agreement that authorized the arbitration proceeding — is invalid? That is the question that the California Court of Appeal addressed this week. The California court ruled that the arbitrator was authorized to reach a decision on the merits of…