The Arbitration Proceeding - Part 1 - Chapter 6 - AAA Yearbook on Arbitration and the Law - 24th Edition
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.
Originally from: AAA Yearbook on Arbitration and the Law - 24th Edition
CHAPTER 6
THE ARBITRATION PROCEEDING
6.01 Preclusion: Res Judicata and Collateral Estoppel FleetBoston Financial Corp. v. Alt, 638 F.3d 70 (2011)
Arbitral award against parties to an arbitration operated to bar the same of similar claims in federal court on res judicata grounds even though the arbitral panel never explicitly ruled that the parties in question were properly joined as a part of the arbitration.
ALT was a group of forty-two former employees of RSI, an investment banking firm and wholly owned subsidiary of RSGI, which was itself a wholly owned subsidiary of Fleet. ALT filed NYSE arbitration claims against respondents Fleet, RSI, RSGI, and Fleet Securities, Inc. (FSI), another Fleet subsidiary.
As a NYSE member firm, RSI was required to arbitrate, and it filed an Answer to ALT’s initial Statement of Claims. While RSGI did not itself answer ALT’s claims, RSI—whose counsel also represented RSGI—attempted on several occasions to dismiss RSGI and Fleet from arbitration on the grounds the neither were subject to NYSE arbitration and that neither had agreed to arbitrate. ALT opposed each of RSI’s attempted to dismiss RSGI and Fleet. The arbitration panel never acted upon RSI’s motion that RSGI be dismissed.
Concurrently with these early stages of the NYSE arbitration, Fleet, RSI, and RSGI, and FSI filed an action against ALT seeking a declaratory judgment and a stay of arbitration as to RSGI and Fleet on the basis that neither RSGI nor Fleet were NYSE members and that neither had agreed to arbitrate. The district court declined the request of the litigation plaintiffs (the arbitration respondents) to stay the arbitration as to RSGI and Fleet, and instead stayed its own proceedings pending final resolution of the NYSE arbitration.
CHAPTER 6 THE ARBITRATION PROCEEDING
6.01 Preclusion: Res Judicata and Collateral Estoppel
- FleetBoston Financial Corp. v. Alt, 638 F.3d 70 (1st 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)