Polimaster Ltd. Prevailed in its Appeal Regarding Erroneous Arbitration Award

Polimaster appealed the prior arbitration award to the United States Court of Appeals for the Ninth Circuit, which reviewed the award and concluded that the arbitrator had used legal reasoning which was “rigged” against Polimaster.

Minsk, Belarus, February 23, 2011 -- Polimaster appealed the prior arbitration award to the United States Court of Appeals for the Ninth Circuit, which reviewed the award and concluded that the arbitrator had used legal reasoning which was “rigged” against Polimaster.

The arbitration occurred in San Francisco, California, which is the location of RAE Systems, and was conducted by a former California judge who worked for JAMS, a private arbitration company. Polimaster asserted to the arbitrator that the arbitration provision of the contract explicitly prohibited RAE from bringing any claims against Polimaster in RAE’s home state of California. However, both the arbitrator and a California District Court judge disagreed and allowed RAE to proceed in its home state, and subsequently ruled against Polimaster on all of the issues it had raised.

In reviewing the legitimacy of the arbitration award, the Ninth Circuit concluded that it had to be vacated, finding that the arbitrator had employed a legal rationale which “sets up a rigged game” against Polimaster. In agreeing that the arbitration agreement prohibited RAE from bringing any claims against Polimaster in RAE’s backyard, the Ninth Circuit noted that this requirement was necessary “to obviate the danger that a dispute under the agreement might be submitted to a forum hostile to the interests of one of the parties. . . .”

“We were confident that the patent unfairness of the arbitration proceedings to Polimaster would eventually be recognized by a court of law, and we are happy that the justice has been restored and the arbitration award has now been recognized as faulty,” said Ms. Antonauskaya, the owner of Polimaster Ltd. and COB of Polimaster Holding.

Contact:
Blinov
Polimaster
Minsk, Belarus
+375 (17) 217 70 80
blinov@polimaster.us
http://www.polimaster.com/

via Posterize

Post from Free Press Release Submit

| http://freepressreleasesubmit.posterous.com