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Saturday, 29 July 2017

Arbitration. Vacatur. District court refuses to set aside arbitration award based on panel's document discovery rulings.

In Pershing, the defendant, Pershing LLC, sought to confirm an arbitration panel's decision that it was not liable to a consortium of Louisiana Retirees who fell victim to a Ponzi scheme orchestrated by R. Allen Stanford. The Louisiana Retirees sought to vacate the award.

 Pershing was a clearing broker for Stanford Group Company, a broker-dealer controlled by Allen Stanford that sold worthless securities to the Louisiana Retirees. The Louisiana Retirees claimed that Pershing failed to exercise due diligence in its relationship with Stanford that would have uncovered the scheme. The arbitration panel ruled in Pershing's favor, and the parties then brought competing actions in the district court to confirm or vacate the decision under the Federal Arbitration Act.


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