Thursday, 2 October 2014
Last updated 18 min ago
Dec 3 2010 | 11:03am ET
When U.S. District Judge Jed Rakoff tossed Goldman Sachs' attempt to vacate a huge arbitration award against it stemming from the Bayou Group hedge fund fraud, he did not mince words.
Rakoff said he rejected Goldman's appeal of the $20.6 million award because, having "voluntarily" entered arbitration, "this wonderful alternative to the rule of reason," the bank "must suffer the consequences."
"Arbitration is touted as a quick and cheap alternative to litigation," Rakoff wrote, although "experience suggests that it can be slow and expensive. But it does have these 'advantages'; unlike courts, arbitrators do not have to give reasons for their decisions, and their decisions are essentially unappealable."
Rakoff ruled last month that Goldman had failed to show that the Financial Industry Regulation Authority arbitration decision "manifestly disregarded the law."
That decision was the largest arbitration award ever levied against a securities firm. The unsecured creditors of Bayou, which collapsed four years ago, costing investors more than $400 million, alleged that Goldman showed "either gross negligence or a willful choice to ignore signs of fraud" in clearing Bayou's trades.
Oct 2 2014 | 9:16am ET
Gregory Barrett is a principal at Dyal Capital Partners, which takes minority equity stakes in established hedge fund managers—those with assets under management of $1.5 billion to $6 billion. Read more…
Sep 30 2014 | 9:29am ET
The crisp Autumnal days of October are upon us, and so are a few of the hedge fund industry’s favorite charitable events. If you have never been to Rocktoberfest, well, you are missing out. And for a quieter evening of sipping and socializing, stop by HFC’s Wine Soiree. Read more…
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