Yu Galan v. Morgan Stanley DW Inc.

Good Law
226 F. App'x 729
United States Court of Appeals for the Ninth CircuitMarch 27, 2007No. 04-56979California338 words

Opinion

Lead Opinion

MEMORANDUM **

Appellants (collectively ‘Yu Galan”) challenge the district court’s denial of their motion to vacate an arbitration award en *730 tered against their brokerage, Appellee Morgan Stanley DW Inc. (“Morgan Stanley”). We affirm.

We review de novo an order confirming or denying vacatur of an arbitration award. See Poweragent Inc. v. Elec. Data Sys. Corp., 358 F.3d 1187, 1193 (9th Cir. 2004). The parties are familiar with the facts of the case, and we do not recite them in detail in this disposition.

Yu Galan cites no authority supporting any grounds to vacate the arbitration award. See Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987 , 997 (9th Cir.2003) (en banc) (sole grounds for vacating or modifying arbitration award are set forth in Federal Arbitration Act, 9 U.S.C. §§ 10 , 11). Yu Galan has not shown that any conduct by Appellees NASD, Inc. or NASD Dispute Resolution, Inc. (collectively “NASD”) produced an arbitration award tainted by corruption, fraud or undue influence. There is no support for the proposition that the 1996 training manual provided by NASD overrode or undermined SEC-approved regulations directing NASD’s arbitrators to exercise…

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