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S. Ct. Civ. No. 2019-0041 (1)
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S. Ct. Civ. No. 2019-0041 (1)
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S. Ct. Civ. No. 2019-0041 (1)
S. Ct. Crim. No. 2017-0043
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Case Caption:
Tremcorp Holdings, Inc. v. Scott Harris and John McCain
Case Number:
S. Ct. Civ. No. 2019-0041
Date:
09/21/2020
Author:
Cabret, Maria M.
Citation:
2020 VI 20
Summary:
On a motion to vacate an arbitrator’s finding that the appellees were not liable for making material misrepresentations of fact in connection with a stock purchase agreement executed by the parties, the Superior Court correctly concluded that the arbitrator did not manifestly disregard the provisions of the Virgin Islands Uniform. Securities Act in reaching his decision. It need not be decided in this appeal whether manifest disregard of the law survives as an independent basis for vacating an arbitrator’s award because, assuming arguendo that this doctrine applies, plaintiff failed to demonstrate that the arbitrator manifestly disregarded the law in this case under any reasonable formulation of that standard. The argument that the arbitrator disregarded relevant law by applying a subjective standard of materiality and by focusing analysis on plaintiff’s lack of due diligence, and its failure to demonstrate that appellees’ misrepresentations were intentional, ultimately amounts to an assertion that the arbitrator erred in interpreting the statute. Because the plaintiff failed to demonstrate that the arbitrator manifestly disregarded the Virgin Islands Uniform Securities Act entirely, as opposed to merely misinterpreting provisions of the Act, the Superior Court’s March 7, 2019 memorandum opinion and order denying the motion to vacate the arbitrator’s award are affirmed.
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