In another example of how difficult it is to overturn an arbitration award in federal court, the 5th U.S. Circuit Court of Appeals has reversed and remanded a vacatur. The decision in Timegate Studios Inc. v. Southpeak Interactive LLC, et al., comes after an arbitrator had awarded a defendant a "perpetual license" to a disputed video game a result not contemplated in the parties’ arbitration contract.
West Short, of Georgetown’s West Short & Associates who represents the defendants, says the decision is a big win not only for his clients but also for the arbitration process as well.
