Legal Opinion

New Regency Productions, Inc. v. Nippon Herald Films, Inc.

Court of Appeals for the Ninth Circuit

Decided September 4, 2007No. 05-55224PublishedCited by 31 opinions

1Opinion of the Court

WILLIAM A. FLETCHER, Circuit Judge:

This case arises from the arbitration of a contract dispute between a film production company and a film distribution company. The district court vacated the arbitration award based on the neutral arbitrator’s failure to disclose that during the arbitration, he began work as a senior executive with a company that was negotiating with a production executive of one of the parties to the arbitration to finance and co-produce an important motion picture.

We hold that vacatur by the district court for “evident partiality” of the arbitrator was proper under the…

2Cases cited14 opinions

  1. Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
  2. Jean Schmitz Leonard Schmitz v. Carlos J. Zilveti, III Nicholas S. Meris Prudential-Bache Securities Inc., AKA Prudential Securities, Inc.Court of Appeals for the Ninth Circuit · 1994
  3. Milos Sovak, M.D. Biophysica, Inc. v. Chugai Pharmaceutical Co., a Corporation of the Empire of Japan Cook Imaging Corporation, an Indiana CorporationCourt of Appeals for the Ninth Circuit · 2002
  4. Poweragent Inc., a California Corporation v. Electronic Data Systems Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2004
  5. Gianelli Money Purchase Plan & Trust v. ADM Investor Services, Inc.Court of Appeals for the Eleventh Circuit · 1998

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3Cited by31 opinions

  1. Scandinavian Reinsurance Co. v. Saint Paul Fire and Marine Ins. Co.Court of Appeals for the Second Circuit · 2012
  2. Lagstein v. CERTAIN UNDERWRITERS, LLOYD'S, LONDONCourt of Appeals for the Ninth Circuit · 2010
  3. Sussex v. United States District CourtCourt of Appeals for the Ninth Circuit · 2015
  4. Monster Energy Company v. City Beverages, LLCCourt of Appeals for the Ninth Circuit · 2019
  5. Pao Tatneft v. UkraineCourt of Appeals for the D.C. Circuit · 2021

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