Legal Opinion

In re the Arbitration between McMahan & Co. & Dunn NewFund I, Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1997PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Wallach, J.

On this appeal, we are called upon to consider the proper scope of judicial review of a charge of fundamental unfairness in the conduct of a massive arbitration proceeding over a period of 41/2 years, with at least 24 hearing days.

*3A five-member arbitration panel, convened under the rules of the American Stock Exchange and concededly subject to the provisions of the Federal Arbitration Act, awarded the New-Fund respondents damages against petitioner in excess of $1.5 million on a claim that the latter had breached an oral agreement to provide financial liquidity…

2Cases cited4 opinions

  1. Kincade v. KincadeAppellate Division of the Supreme Court of the State of New York · 1991
  2. Bowles Financial Group, Inc. v. Stifel, Nicolaus & Company, Inc.Court of Appeals for the Tenth Circuit · 1994
  3. Carpenters 46 Northern California Counties Conference Board v. Zcon Builders, Individually and D/B/A Sharon Hill Corporation Sharon Hill CorporationCourt of Appeals for the Ninth Circuit · 1996
  4. Todd Shipyards Corp. v. Cunard Line Ltd.District Court, N.D. California · 1989

3Cited by7 opinions

  1. Hoffman v. Cargill, Inc.District Court, N.D. Iowa · 1997
  2. Miro Leisure Corp. v. Prudence Orla, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Hoffman v. Cargill, Inc.District Court, N.D. Iowa · 1999
  4. TransAtlantic Lines LLC v. American Steamship Owners Mutual Protection & Indemnity Ass'nDistrict Court, S.D. New York · 2017
  5. Cherry v. New York State Insurance FundAppellate Division of the Supreme Court of the State of New York · 2011

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