A Massachusetts federal district court determined that even if an arbitral panel acted ‘unfairly’, it was acting within its ‘legal authority when it reviewed and denied respondents’ requests for subpoenas’. Rogers v. Ausdal Financial Partners, Inc. No. 15-12899-FDS, (USDC D. Mass., March 9, 2016). The Court rejected Respondents Norton and Ausdal Financial Partners, Inc.’s argument that the panel’s failure to issue subpoenas to non-parties denied them a fair opportunity to obtain material evidence through discovery. [Read more…]
Archives for June 2016
Arbitral Panel’s Denial of Request to Issue Subpoenas to Numerous Non-Parties Did Not Deny Respondents a Fair Hearing
June 20, 2016 by
Parties in Massachusetts Cannot Contractually Expand the Scope of Judicial Review of an Arbitration Award
June 11, 2016 by
The Supreme Judicial Court in Massachusetts recently held that the parties to a commercial arbitration agreement could not contractually alter the grounds for judicial review of an award that are set forth in the Massachusetts Uniform Arbitration Act for Commercial Disputes (MAA), G. L. c. 251. Katz, Nannis & Solomon, P.C. v. Bruce Levine, 473 Mass 784 (2016). In so deciding, Massachusetts joins the ranks of Georgia, Maine, North Dakota, and Tennessee. [Read more…]