Ninth Circuit Affirms Order Vacating Arbitration Award, Faults Arbitrator’s Disregard of Contract’s Plain Language

The Ninth Circuit recently affirmed a district court order vacating an arbitration award arising from the termination of subcontracts for the construction of army buildings and facilities in Afghanistan. Defendants ECC Centcom Constructors, LLC and ECC International, LLC (together, “ECC”) had two prime contracts with the U.S. Army Corps of Engineers (“USACE”) for the construction of army buildings and facilities in two provinces in Afghanistan. ECC in turn awarded two subcontracts to Aspic Engineering and Construction Company (“Aspic”) for the completion of those projects. Relevant to this dispute, the subcontracts incorporated many Federal Acquisition Regulation (“FAR”) clauses by reference, including those governing termination for convenience, and mandated that Aspic owe to ECC the same obligations that ECC owed to the United States government. After USACE terminated ECC’s prime contracts for convenience, ECC and Aspic…

Read more detail on Recent Insurance Law posts –

This entry was posted in Insurance and tagged , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply