Non-summary suspension proceeding for non-payment of an Award recently concluded with the suspension of a broker–dealer who is currently challenging the Award before the Ninth Circuit. Baraban Securities, nka Interfirst Capital Corporation, was held liable by a Portland-based Arbitration Panel for $53,400 in compensatory damages in February 2000 (Viersen v. […]
Tag: Case Law
Amount in controversy in arbitration vacature is amount of award
Motion to Vacate Jurisdiction – When filing a motion to vacate an arbitration award, the court must have jurisdiction. This case holds that for Purposes of Determining Diversity Jurisdictionthe Dollar Threshold Is the Amount of the Award, not the Amount Claimed in the Underlying Controversy ED: Mmotion to vacate an […]
Arbitrator Authority to Decide Jurisdiction
Poweragent, Inc. vs. Electronic Data Systems Corp. Objections to jurisdiction may be generally decided by the courts, but once the arbitrators rule, the authority cannot be challenged. POWERAGENT, INC. v. ELECTRONIC DATA SYSTEMS CORP., No. 02-17022 (9th Cir., 2/25/04). Objections to arbitral jurisdiction, i.e., arbitrability issues, may be generally decided […]