This article was first published on the Securities Arbitration Alert blog, here.
For the second time in a few months, the Supreme Court has refused to take up a case involving a FINRA arbitration award.
We reported in SAA 2022-41 (Nov. 3) and blogged that the Supreme Court on October 31, 2022 denied Certiorari in Caputo v. Wells Fargo, No. 22-265, a case involving a FINRA Award. We analyzed in SAA 2022-19 (May 19) the underlying Third Circuit decision, Caputo v. Wells Fargo Advisors, LLC, No. 20-3059 (3rd Cir. May 9), reh’g den. (Jun. 17, 2022). There, a unanimous Court held that, even if a FINRA Panel’s Award was legally erroneous, this alone did not meet the stringent standard for a finding of “manifest disregard of the law.” The September 2022 Certiorari Petition in Caputo had presented these issues:
SCOTUS: The Answer is Still “No”
The Court on January 9 again declined to take up the case, denying a November 2022 Petition for Rehearing filed by Caputo. As usual, SCOTUS provides no explanation.
This article first appeared on Urbas Arbtiral here. In CUSO International v. Pan American Development Foundation, 2021 ONSC 3101, Mr. Justice Calum MacLeod relied on forum non conveniens principles to resolve an application...By Daniel Urbas
This article was first published on the Arbitration Matters blog, here. In B Smart Technology inc. v. American Arbitration Association, 2022 QCCS 1526, Justice Mark Phillips granted the Defendants’ Application for...By Marie-Claude Martel
In this episode of the Arbitration Conversation Amy interviews Nicolás Lozada Pimiento, a partner of the firm Rincón Cuéllar & Asociados and professor of arbitration, trade and business law at...By Nicolas Pimiento, Amy Schmitz