China Fortune Land Development v. 1955 Capital Fund I GP LLC

Good Law
United States District Court, Northern District of CaliforniaJanuary 31, 20203:19-cv-07043California1,256 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHINA FORTUNE LAND Case No. 19-cv-07043-VC DEVELOPMENT, et al.,

Plaintiffs, ORDER DENYING PETITION TO

VACATE ARBITRATION AWARD

v. Re: Dkt. No. 1 1955 CAPITAL FUND I GP LLC, et al., Defendants.

The arbitrator was asked to resolve a highly complex contractual dispute involving multiple contested versions of various agreements, an intricate and hotly disputed factual record, and plentiful evidence of misconduct by both sides. After thousands of pages of briefing and evidence, and days of testimony and argument, the arbitrator issued a 147-page award that addressed dozens of interrelated arguments from both parties, and by all appearances attempted to resolve the dispute through careful fact-finding and reliance on applicable law. The petitioners contend that the arbitrator exceeded his authority and committed misconduct by basing the award in part on the unsigned versions of the limited partnership agreements from November 2015. See 9 U.S.C. § 10(a)(3)-(4). They argue that neither party asked the arbitrator to conclude that these November versions were the operative contracts, and therefore…

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