On February 16, 2015, SCA Promotions, Inc. filed its
Original Petition for Confirmation of Arbitration Award against Lance Armstrong
and Tailwind Sports, Inc. The petition seeks to confirm a February 4, 2015,
arbitration award against Armstrong and Tailwinds in favor of SCA that includes
$10 million in sanctions. Beyond the general public interest surrounding the
award, it excites additional attention from those of us who, along with our
clients, resolve commercial disputes in arbitration because the award was
issued in what might be argued to be a “re-opening” of a prior arbitration
among the parties before the panel.
The underlying arbitration concerned whether Armstrong and
Tailwind should be sanctioned for perjury in a prior arbitration proceeding
among the parties. The panel awarded SCA $10 million in sanctions after finding
that Armstrong had engaged in “an unparalleled pageant of international perjury,
fraud and conspiracy” and had “used perjury and other wrongful conduct to secure
millions of dollars in benefits” from SCA.
The prior arbitration concerned an agreement that required
SCA to pay Tailwind a specified amount of prize money if Armstrong won the Tour
de France in 2002, 2003, and 2004. Armstrong won all three races, and SCA paid
the prize money for the 2002 and 2003 victories. But SCA withheld payment for
the 2004 victory because there were allegations that Armstrong might have
cheated.
In the arbitration that resulted from the dispute, both
Armstrong and another Tailwind representative testified under oath that
Armstrong never used performance-enhancing drugs in his career and had won the
2002, 2003, and 2004 Tour de France races legitimately and without cheating.
In 2005, before conclusion of the arbitration, the parties
entered into a settlement agreement. The agreement provided that the
arbitration panel retained and had exclusive jurisdiction over disputes arising
under the settlement agreement and prior prize agreement.
Then, in 2013, we all know what happened. But as alleged by SCA, Armstrong
admitted to Oprah Winfrey in a television interview that he used
performance-enhancing drugs in every Tour de France race he had won, that he
had lied under oath in the prior arbitration with SCA, and that he had tried to
intimidate and harass witnesses who had otherwise tried to tell the truth about
him and his conduct. Based on those admissions, SCA filed suit against
Armstrong and Tailwind, asserting various claims, including fraud, unjust
enrichment, civil contempt, and conspiracy.
In June 2013, SCA moved to reconvene the prior
arbitration. SCA sought sanctions against Armstrong and Tailwind for perjury in
connection with arbitration and also sought forfeiture of all prize money paid
to Armstrong because Armstrong had been stripped of all of his Tour de France
titles.
Armstrong and Tailwind argued that the panel lacked
jurisdiction to hear the dispute or issue sanctions. The panel disagreed based
in part on the language of the parties’ prior settlement agreement that
retained the panel’s jurisdiction.
Following unsuccessful challenges by Tailwind and
Armstrong Texas courts, the panel conducted an evidentiary hearing on September
4 and 5, 2014. On February 4, 2015, the panel rendered its award, including the
$10 million sanction.
So, what do you think? Does this award offend the finality
of arbitration awards that is attractive to many claimants and respondents?
Regardless of your position, you might pay close attention to dispute
resolution provisions of settlement agreements to ensure the language is
consistent with your and your client’s positions on the finality of awards.
Copies of SCA’s Original Petition for Confirmation of
Arbitration Award and the award at issue (which is attached to the Petition)
can be found here.
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