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Case Citations [1] (Fall 2024)

handle is hein.ali/aliuslaw0036 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations THE U.S. LAW OF INTERNATIONAL COMMERCIAL AND INVESTOR-STATE ARBITRATION CHAPTER 4. POST-AWARD RELIEF TOPIC 2. GROUNDS FOR POST-AWARD RELIEF SUBTOPIC (B) GROUNDS FOR VACATUR OF U.S. CONVENTION AWARDS AND DENYING RECOGNITION AND ENFORCEMENT OF NON-CONVENTION AWARDS § 4.19. Arbitrator Misconduct Conn.2023. Illus. 3 quot. in diss. op. (quoting § 4.19, illus. 3 of Prop. Final Draft, 2019, which is now § 4.13, illus. 3 of the Official Text). Manager of investment funds commenced arbitration proceedings against former employee who allegedly misappropriated millions of dollars from plaintiff and its investors. Noting that employee had previously fled to India to avoid prosecution in two civil-fraud actions filed by the Securities and Exchange Commission, one of which was related to the arbitration, the arbitrator granted employer's motion for an order applying the fugitive disentitlement doctrine to prevent employee from asserting any counterclaims or defenses, contesting employer's allegations, or viewing the evidence against him, and issued an award in favor of employer. The trial court denied employee's motion to vacate the award and granted employer's motion to confirm the award. This court affirmed. The dissenting opinion cited the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration § 4.19 in arguing that the award had to be vacated because it was the duty of an arbitrator to permit employee to be heard before making an award and the arbitrator did not conduct a hearing on the merits of employer's claims against employee before unilaterally applying the doctrine. Ahmed v. Oak Management Corporation, 302 A.3d 850, 901. COPYRIGHT (02024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.