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.
Court granted motion to compel ICDR arbitration and stay the litigation pursuant to the FAA.
International Energy Ventures Management L.L.C. v. United Energy Group Limited, No. 20-20221 (4th Cir. May 28, 2021)
Court reversed the district court’s finding that International Energy Ventures Management’s (“IEVM”) pursuit of litigation did not prevent it from returning to arbitration, after the dispute bounced between three courts and two arbitrations over the course of seven years. Court found that two arbitrators exceeded their powers in violation of the FAA when they determined that IEVM waived its right to arbitrate through litigation-conduct, as that determination is presumptively a judicial matter, and the parties failed to contract around the general rule that courts resolve litigation-conduct waivers. Court held that IEVM substantially invoked the judicial process to United Energy Group’s detriment.
Court granted petition to recognize and enforce a foreign arbitral award because respondent failed to file a response to the petition. Court found petitioner satisfied the statutory conditions for recognition and enforcement of the award and respondent failed to provide any response to establish its burden that the New York Convention’s grounds for refusal had been met.
Magistrate judge granted in part and denied in part motion to quash subpoenas in connection with discovery for use in foreign proceedings, finding that plaintiff met the statutory requirements of 28 USC 1782(a) but ordering that the discovery be circumscribed.
Bunge S.A. v. Pacific Gulf Shipping (Singapore) PTE LTD., Pacific Gulf Shipping Co. Limited, No. 3:19-CV-00491-IM (D. Or. May 21, 2020)
Court granted plaintiff’s motion for bill of costs pursuant to 28 U.S.C. § 1920 for action to enforce arbitral award under the New York Convention relating to the fees for filing the complaint, serving the complaint and summons, and the docket fees and denied the motion regarding fees for pro hac vice motions, cost of serving the motion for default judgment, and cost of purchasing a transcript. Court granted request for attorney’s fees for the action to enforce the award but declined to award attorney’s fees for the underlying arbitration, as the award stated that fees were to be determined by the tribunal or the High Court in England and Wales. Court granted plaintiff’s request to amend the judgment to include pre-judgment interest consistent with the arbitral award and request to include post-judgment interest at the rate of 0.15% from the date of entry of the original judgment.