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ARTICLE · 05 DECEMBER 2018

$100 Million Arbitration Award Supported By "Even A Barely Colorable Justification" Upheld Under The FAA

A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the "emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA,

United StatesLitigation, Mediation & Arbitration

A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the "emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA, a policy that applies with special force in the field of international commerce." NutraSweet's acquisition of a Korean aspartame producer went sour, and the two companies proceeded to arbitration. The arbitration panel ruled against NutraSweet on all of the issues and rendered an award in excess of $100 million to Daeseng Corp. However, when Daeseng petitioned a New York trial court for confirmation of the award, the court reversed and remanded, finding the arbitrators had "manifestly disregarded the law and had misconstrued the procedural record."

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