Congressional Securities, Inc. v. Fiserv Correspondent Services, Inc.
Opinion of the Court
SUMMARY ORDER
Petitioners-Appellants appeal a judgment that denied their motion to vacate an arbitration award and granted respondent’s motion to confirm the award. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of appellate issues.
We may “vacate an arbitration award only in [the] limited circumstances” described in 9 U.S.C. § 10(a). Tempo Shain Corp. v. Bertek, Inc., 120 F.3d 16, 19 (2d Cir. 1997). As relevant to this appeal, Section 10(a)(3) provides for vacatur if “the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.” “ ‘The misconduct must amount to a denial of fundamental fairness
Reference
- Full Case Name
- CONGRESSIONAL SECURITIES, INC., David H. Zimmer Money Pur. Plan, Sherry M. Zimmer Money Pur. Plan, Sheldon L. Contract, DDS PA, Employees PSP DTD 9-17-87, David C. Diephouse, John Joseph, Bernard Klitzner, Sandra J. Lachance, Ella M. Leffer, Karen A. Merguerian, both personally, and as trustee of the Warren M. Merguerian Jr. DDS PA Profit Sharing Plan Dated 6-1-85, Warren M. Merguerian, both personally and as Trustee of the Warren M. Merguerian Jr. D.D.S. PA Profit Sharing Plan Dated 6-1-85 Warren Merguerian, Jr., DDS PA Profit Sharing Plan DTD 6-1-85, Jan B. Newman, Sandra Newman, William H. Ratcliffe, Jay M. Walshon, David H. ZIMMER, both personally and as Trustee of Sherry M. Zimmer Money Purchase Plan, Sherry M. Zimmer, both personally and as Trustee of the David H. Zimmer Money Purchase Plan, Sheldon L. Contract, both personally and as trustee of Sheldon L. Contract DDS PA Employees PSP Dated 9/17/87, Hariet E. Contract, both personally and as trustee of Sheldon L. Contract DDS PA Employees PSP, Dated 9/17/87, Youness Hendifar, Mahnaz Hendifar, Martin Newman v. FISERV CORRESPONDENT SERVICES, INC.
- Cited By
- 1 case
- Status
- Published