IN RE ARBITRATION BETWEEN ATHERTON AND ONLINE VIDEO NETWORK, INC.

No. 03 Civ. 1687(SHS).

274 F.Supp.2d 592 (2003)

In the Matter of the ARBITRATION BETWEEN R. Kent ATHERTON, Petitioner, and ONLINE VIDEO NETWORK, INC. d/b/a Cenus Technologies, Respondent.

United States District Court, S.D. New York.

August 1, 2003.


Attorney(s) appearing for the Case

Nathan V. Bishop, Friedman, Wolf & Grisi, New York City, David C. Kurtz, Choate, Hall & Stewart, Boston, MA, for Petitioner.

Stephen J. Carmody, Hogan & Hartson LLP, New York City, for Respondent.


OPINION

STEIN, District Judge.

R. Kent Atherton has petitioned this Court to modify, or in the alternative, partially vacate, an arbitration award on the grounds that the arbitrators manifestly disregarded the law in rendering their decision. In response, Online Video Network, Inc., doing business as Cenus Technologies ("Cenus"), has moved to confirm the award. As set forth below, this is not one of those "exceedingly rare instances" where "some egregious...

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