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 recognize and enforce arbitral award, finding that (i) plaintiff contractually agreed to resolve all disputes, including United States statutory claims, in arbitration in the Philippines; (ii) plaintiff was not denied a forum and opportunity to raise his claims; and (iii) it was not contrary to public policy for the court to recognize and enforce defendants’ arbitral award.
Court granted motion to confirm non-domestic arbitration award pursuant to the New York Convention. Court found that none of the grounds in Article V of the New York Convention applied for refusal to recognize or enforce the award. Court also denied respondent’s cross-motion to vacate under the FAA, finding that the award was not procured by fraud or in manifest disregard of the law.
Court granted respondent’s motion to vacate and quash petitioner’s document and deposition subpoenas issued pursuant to 28 USC § 1782 for use in an ICSID arbitration. Using the Supreme Court’s reasoning from AlixPartners, Court found that the ICSID arbitration panel did not qualify as a “foreign or international tribunal” under 28 USC § 1782, because there was insufficient evidence that the treaty parties at issue indicated an intent to imbue the ICSID arbitration panel with governmental authority.
Huzhou Chuangtai Rongyuan Investment Management Partnership v. Hu Qin, No. 21-Civ.-09221-KPF (S.D.N.Y. Oct. 28. 2022)
Court granted a motion to dissolve an automatic stay of proceedings to enforce the court’s judgment which confirmed a foreign arbitral award. Court found respondent’s questionable asset transfers and failure to participate in litigation created a well-founded risk that respondent was concealing or will conceal assets to avoid collection.
Sistem Mühendislik Insaat Sanayi Ve Ticaret, A.Ş. v. The Kyrgyz Republic, No. 12-CV-4502-ALC-RWL (S.D.N.Y. Aug. 31, 2022)
Court issued a second interim sanctions judgment against the Kyrgyz Republic following a repeated and continuing failure to comply with previous orders to pay the plaintiff in accordance with an enforceable arbitration award