AAA Yearbook on Arbitration & the Law - 25th Edition - Chapter 6 - The Arbitration Proceeding

STEPHEN K. HUBER is Professor Emeritus at the University of Houston Law Center, and has served as a visiting professor at the University of Texas, Rice University (Political Science), Pepperdine Law School (Dispute Resolution Program), and the University of East Africa (Dar es Salaam, Tanzania). Mr. Huber is a member of the State Bar of Texas, and the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolution Section. He is the author of numerous publications relating to arbitration.

BEN H. SHEPPARD, JR. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a Partner and Co-Chair of the firm's international dispute resolution practice. He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules that established a pre-arbitral emergency arbitrator procedure. He was the author of the report and recommendation to the ABA House of Delegates in support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes. He chaired one of the two working groups that promulgated the CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. He is a past chair of the Disputes Division of the ABA Section of International Law and for five years served as editor-in-chief of The International Arbitration News. He is a member of the American Law Institute and a Fellow of the College of Commercial Arbitrators.

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Originally from: AAA Yearbook on Arbitration and the Law - 25th Edition

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6.01 Preclusion: Res Judicata and Collateral Estoppel

Cont'l Holdings, Inc. v. Crown Holdings Inc., 672 F.3d 567 (8th Cir. 2012)
Under the doctrine of res judicata, arbitrator’s interpretation of contract provision precluded further litigation of the issue.

Continental sold its metal can technology business to Crown via a stock purchase agreement (SPA). The parties disputed the extent of each other's resultant liabilities, as defined by the indemnity provision in the SPA, and agreed to arbitrate claims related to environmental liabilities in binding arbitration. However, while arbitration was pending, Continental chose to litigate the parties' respective liability for former employees' occupational claims.

Table of Contents:

The Arbitration Proceeding 6.01 Preclusion: Res Judicata and Collateral Estoppel Cont'l Holdings, Inc. v. Crown Holdings Inc., 672 F.3d 567 (8th Cir. 2012) FleetBoston Financial Corp. v. Alt, 638 F.3d 70 (1st Cir. 2011) Grisby & Associates, Inc. v. M Securities Investment, 664 F.3d 1350 (11th Cir. 2011) Shell Oil Co. v. CO2 Committee, Inc., 589 F.3d 1105 (10th Cir. 2009). 6.02 Remedial Authority of Arbitrators Reliastar Life Ins. Co. of N.Y. v. EMC Nat’l Life Ins. Co., 564 F.3d 81 (2d Cir. 2009) Kitchens v. Turquoise Properties Gulf, Inc., 70 So.3d 377 (Ala.Civ.App. 2010) 6.03 Awards of Costs, Fees, and Interest Newmont v. Ins. Co. of North Am., 615 F. 3d 1268 (10th Cir. 2010) Janney Montgomery Scott LLC v. Tobin, 571 F.3d 162 (1st Cir. 2009) AIG Baker Sterling Heights v. Am. Multi-Cinema, 508 F.3d 995 (11th Cir. 2007) Laborers’ Intern. Union of North America v. Brand Energy Services LLC, 746 F.Supp.2d 121 (D.D.C. 2010) Don Drennen Motor Co., Inc. v. McClung, 79 So.3d 593 (Ala. 2011) 6.04 Representation of Corporations NISHA L.L.C. v. TriBuilt Construction Group, L.L.C, 388 S.W.3d 444 (Ark. 2012)