UNITED STATES 30 July 2020 PB Life and Annuity
● United States District Court, Southern District of New York, 30 July 2020, 20-cv-2284 (LJL)
(PB Life and Annuity Co. Ltd. v. Universal Life Insurance Company)
UNITED STATES 30 July 2020 PB Life and Annuity
The Court denied the motion to vacate a nondomestic award rendered in New York and granted the motion to confirm it, dismissing the claims that the defendant had been denied due process in the arbitration; that confirmation would lead the claimant to violate a TRO entered by a state court; that the dispute had not been arbitrable; and that the arbitrators acted in manifest disregard of the law.
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.