Federal Court Allows Nonsignatory to Compel Arbitration Based on the Doctrine of Equitable Estoppel
Hudson Global Resources Management, Inc. v. Beck, No. 8:05-CV-1446-T-27TBM, 2006 WL 1722353
June 20, 2006

A federal district court in Florida allowed a nonsignatory to compel arbitration under the doctrine of equitable estoppel because the claims against the nonsignatory derived from an agreement providing for arbitration.

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Arbitration Agreement Applies to Claims Arising Under a Related Contract
Consolidated Brokers Insurance Services, Inc. v. Pan-American Assurance Co., 427 F.Supp.2d 1074
2006

The District of Kansas found that an arbitration agreement required arbitration of claims arising under a separate contract because the two contracts were “interrelated parts of one transaction.”

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Party Did Not Waive Its Right to Arbitration Where Hurricane Katrina Contributed to the Delay
Consolidated Brokers Insurance Services, Inc. v. Pan-American Assurance Co., 427 F.Supp.2d 1074
2006

Noting that “waiver of arbitration rights requires an unequivocal demonstration of intent to waive,” the District of Kansas applied a multifactor test in concluding that a party did not waive its right to arbitration by waiting several months to raise the issue.

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State Cases

Under Alabama Law, Awards Must Be Confirmed in the County Where the Award Was Made
MBNA America Bank, N.A. v. Bodalia, No. 2040847, 2006 WL 1793211
June 30, 2006

An Alabama Civil Appeals Court reversed an order confirming an arbitration award for lack of subject matter jurisdiction and addressed the consumer’s “no money lent” argument, finding it without legal merit.

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Arbitral Immunity Doesn’t Apply to Arbitrator Who Refuses to Issue an Award Without Good Cause
Morgan Phillips, Inc. v. JAMS/Endispute, L.L.C., No. B183934, 2006 WL 1681344
June 20, 2006

An arbitrator who withdraws from a case for no stated ethical reason after hearing evidence and argument is not protected by arbitral immunity because the failure to render an award is not integral to the arbitration process.

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Florida Appellate Court Rejects “Sliding Scale” Approach to Arbitral Fairness
Bland ex rel. Coker v. Health Care & Retirement Corp. of America, 927 So. 2d 252
2006

If an arbitration agreement is not procedurally unconscionable, no degree of substantive unconscionability will render the agreement unenforceable, according to the Florida Second District Court of Appeal.

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© 2006 National Arbitration Forum