United States Second Circuit

In a dispute involving an arbitration award, district court's judgment is reversed and remanded where the inclusion in an arbitration agreement of a statement that each will bear the expenses of its own arbitrator and attorneys does not deprive the arbitration panel of the authority to award such expenses as a sanction against a party whom the panel determines failed to arbitrate in good faith.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

• REENA RAGGI, Circuit Judge:, Before:  POOLER, RAGGI, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Pieter Van Tol, Lovells, New York, NY, (Gail M. Goering and John M. O'Bryan, Lovells, Chicago, IL, on the brief), for Petitioner-Appellant.


• For Appellees:
  
• John M. Nonna, LeBoeuf, Lamb, Greene & MacRae, LLP, New York, NY, (Richard J. Cairns, LeBoeuf, Lamb, Greene & MacRae, LLP;  Denny M. Dennis, Todd A. Strother, and Michael L. Mock, Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, IA, on the brief), for Respondent-Appellee.