Second Circuit Affirms Judgment Confirming Dismissal of Claims on Statute of Limitations Grounds and…

The Second Circuit recently affirmed the confirmation of an arbitrator’s decision dismissing claims on statute of limitations grounds against a claim that the arbitrator had no authority to consider such a defense and affirmed an order by the district court enjoining the plaintiff from attempting to once again refile his state court complaint regarding the dispute.

In accordance with prior decisions, Matthew Swain’s claims against Hermès of Paris Inc. were referred to arbitration. The arbitrator then granted Hermès’ motion to dismiss on the ground that Swain’s claims were time-barred. Swain responded by asking the district court to vacate the arbitrator’s dismissal on the ground that the arbitrator lacked the authority to consider Hermès’ statute of limitations defense. The district court declined to do that and instead…

Read the complete story here.

Featured Arbitrators

View all

Read these next


The Continued Rise Of The New York Convention And The Fall Of The “Bellefonte Cap.”

Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes On August 12, 2021, the U.S. Court of Appeals for the Ninth Circuit...

By Edward Lenci

Just Like Thanksgiving and Black Friday: Five Truisms about Arbitration — That Aren’t True

This article first appeared on Securities Arbitration Alert, here. Years ago I penned a blog post on Thanksgiving and arbitration. It still rings true. So, without further ado, here’s my...

By George Friedman

Arbitration Conversation No. 11: Theo Cheng on Intellectual Property Arbitration

In this episode of the Arbitration Conversation, Amy interviews independent arbitrator Theo Cheng on intellectual property arbitration.

By Theo Cheng, Amy Schmitz

Find an Arbitrator