The Victor and Anamaria Mitchell Family Limited Partnership et al. v. Advantage Advisory Services, Inc., et al.

May 30, 2008

OUTCOME: Arbitration award in plaintiffs' favor

Howsam v. Dean Witter Reynolds, Inc.

Dec 10, 2002

OUTCOME: 8-0 decision in favor of Ms. Howsam

The United States Supreme Court, ruling in favor of Ms. Howsam, held that an NASD (n/k/a FINRA) arbitration panel, not the courts, is to determine if the parties have submitted an issue to arbitration. ... Parties to an arbitration contract expect a forum-based decisoinmaker to decide a forum-specific procedural matter.

Barrett v. Investment Management Consultants, Ltd., No. 07-CA-0337 (Colo. App. Jun. 12, 2008)

N/A

OUTCOME: Court of Appeals upheld arbitration award

After we obtained a substantial arbitration award, including attorneys' fees, on behalf of our client, an investor, the investment adviser and his company moved to vacate the entire award. After the d ... istrict court confirmed the award, the respondents appealed the attorneys' fee portion, arguing that, under Colorado law, the arbitrators were not authorized to award fees. The Colorado Court of Appeals agreed with our position that the fee award was proper under governing federal law and awarded our client additional fees for defending the appeal.