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“11th Circ. Won’t Nix $40M Arbitral Award Over Conflict Claims” —
- “The Eleventh Circuit affirmed a $40 million arbitral award in an oil refinery construction dispute that involved an attorney switching sides during arbitration, with the judges noting Friday that the losing side improperly waited more than a year before objecting.”
- “In a 15-page opinion, a three-judge panel sided with a Florida federal court’s decision to grant the $40 million award, agreeing with its finding that the rule otherwise would allow one party to ‘keep a proverbial ace up its sleeve.’”
- “The decision follows the tenor of oral arguments held in Atlanta a week ago, where Chief U.S. Circuit Judge William H. Pryor Jr. said Peruvian construction company Tecnicas Reunidas de Talara SAC, or TRT, was fully aware during the arbitration with a subcontractor that one of its lead attorneys in the matter joined the law firm representing the subcontractor in the dispute.”
- “‘Because Técnicas Reunidas de Talara SAC, the losing party in the arbitration, had knowledge of the attorney side-switching but did not object until Técnicas received an adverse award more than a year later, Técnicas waived its right to complain,’ the appeals court ruled on Friday. ‘We affirm the judgment confirming the arbitral award.’”
- “TRT further raised three arguments for why it did not waive the public-policy violation, but the panel determined they all fail. In particular TRT tried to argue that it had no avenue to challenge the side-switching during arbitration, and that it could only raise its defense during the award-enforcement stage.”
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