The US IA Digest collects in one place important decisions on US international arbitration case law issued since January 1, 2016, compiled and organized into categories that are most relevant and useful to practitioners and other interested parties. The Digest will be updated on a rolling basis as new decisions are issued.
The Federal Republic of Nigeria v. VR Advisory Services, Ltd., No. 21-MC-00007-JGK-VF (S.D.N.Y. Dec. 12, 2022)
Court ordered respondents to produce documents from a shareholder arbitration pursuant to 28 USC § 1782, finding that petitioner had demonstrated the documents are relevant to the issue of the fraudulent arbitration award and that petitioner was not required to exhaust opportunities for discovery before the foreign tribunal.
Valores Mundiales, S.L. v. Bolivarian Republic of Venezuela, No. 19-CV-00046-FYP-RMM (D.D.C. Aug. 3, 2022)
Court recommended set aside of a default judgment given findings that Venezuela’s default was not willful, the plaintiff would not be prejudiced, Venezuela alleged a meritorious defense, and Venezuela is a foreign sovereign which has indicated its willingness to respond. Court further recommended plaintiff’s summary judgment motion be granted, as the federal court is to enforce ICSID awards in the same manner it would state court final judgments.
America Steel Trade Corporation v. Metalhouse, LLC, No. 6:22-CV-00915-RBD-EJK (M.D. Fla. Nov. 17, 2022)
Court found that default judgment is proper where defendant was properly served at its principal place of business and defendant failed to show any reason under Article V of the NY Convention that could overcome the presumption of confirmation.
Court found a provision designating the International Arbitration Center as the arbitral forum was not integral to the agreement as it does not “pervade” the agreement. Accordingly, the court recommends the appointment of a substitute arbitrator pursuant to § 5 of the FAA.
Samsung Electronics Latinoamerica (Zona Libre), S.A. v. VA Technosolutions and Services, LLC., No. 22-CV-21341-MB (S.D. Fla. Nov. 21, 2022)
Court granted petitioner’s motion for reconsideration and modification of the order setting civil trial date. Court concluded that the action, relating to enforcement of an international arbitration award under the Inter-American Convention, was subject to summary proceedings and cancelled the trial date.