Grounds for invalidating a contract

Pershing Square Capital Management has found itself in the unenviable position of having to seek absolution from the Securities and Exchange Commission for the consequences of an unintended 0 pay-to-play error by one of its former analysts, which may result in the hedge fund being forced to return millions of dollars in fees.It has not gone unnoticed by this blog and others that the SEC has made clear it intends for the regulated community to be very, very aware of the restrictions imposed by Advisers Act Rule 206(4)-5 and has little sympathy for the potentially draconian consequences the rule can impose.It did not matter that the candidate did not even receive sufficient votes to get on the ballot and it did not matter that the contribution was returned.All that matters under the regulation is that Pershing Square is one of many funds managing the Massachusetts Pension Reserves Investment Fund and that one of its lower-level investment analysts donated to a candidate seeking election to an office (governor) that has the power to appoint members of the state pension fund who, in turn, would have the power to select those firms hired to manage the fund’s money. The views expressed in this article are those of the author and do not reflect the views of his clients. Questions or comments may be addressed to the author at [email protected] Introduction As reinsurance arbitrations have become more contentious, there has been a growing tendency to challenge not only the results of arbitrations but the arbitration process itself. Hall is an attorney, a former insurance and reinsurance executive and acts as an insurance consultant as well as an arbitrator and mediator of insurance and reinsurance disputes.(a) injury (fatal or otherwise) or loss sustained by any passenger whilst entering, on board, or alighting from the Aircraft; (b) loss of or damage to any property belonging to or in the care, custody or control of the Insured; (c) Claims excluded by the attached Noise and Pollution and Other Perils Exclusion Clause. Limit of Indemnity applicable to this Section The liability of the Insurers under this Section shall not exceed the amount stated in Part 6(C) of the Schedule, less any amounts under Part 6(B). The Insured's interest in the Aircraft is that of ....................................................................................

HOWEVER accidental loss of or damage to the Aircraft consequent upon 2(a) or (b) above is covered under paragraph 1(a) above. Conditions applicable to this Section only a) If the Aircraft is damaged i) no dismantling or repairs shall be commenced without the consent of the Insurers except whatever is necessary in the interests of safety, or to prevent further damage, or to comply with orders issued by the appropriate authority; ii) (ii) the Insurers will pay only for repairs and transport of labor and materials by the most economical method unless the Insurers agree otherwise with the Insured. No Return Premium shall be paid to the Insured as to any aircraft on which a loss under this Policy, adjustable on the basis of a total loss, has occurred. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Underwriters hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this Policy and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Business or Occupation of the Insured is ......................................................................................See also Section IV SECTION III LEGAL LIABILITY TO PASSENGERS 1. If the aircraft is mortgaged or encumbered any loss covered hereunder is payable as interest may appear to the Insured and .........................................................................................................................................Coverage The Insurers will indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay, and shall pay, as compensatory damages (including costs awarded against the Insured) in respect of In the event of failure to comply with proviso (i) or (ii) the liability of the Insurers under this Section shall not exceed the amount of the legal liability, if any, that would have existed had the proviso been complied with. The period of insurance hereunder begins on the ............................................................................In some cases, this takes the form of efforts to remove an arbitrator for alleged partiality or bias prior to the hearing on the merits. Tenn.1990) involved a tax sharing agreement between a former parent and subsidiary.Section 10 of the Federal Arbitration Act (FAA) allows a court to vacate an award when: (1) the award was procured by corruption, fraud or undue means; (2) the arbitrators were partial or corrupt; (3) the arbitrators were guilty of misconduct in unreasonably refusing to postpone a hearing or hear pertinent evidence or of misbehavior by which the rights of parties were prejudiced; or (4) the arbitrators exceeded their power or so imperfectly executed them that a final and definitive award was not made. would make the proceedings inherently unfair and would tip the balance decidedly in favor of defendant. The arbitration clause named as the arbitrator WEDGEs accounting firm. Y.1982), several contracts between the parties named specific individuals to arbitrate disputes under the contracts. The procedural history of this case is important to evaluate the weight to be given this case.

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