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. Sept. 14, 2022)
Court granted the Federal Republic of Nigeria’s request for discovery for use in an upcoming fraud trial before the English High Court of Justice in London to set aside a $10 billion arbitration award pursuant to 28 USC § 1782. Court found that petitioner’s application satisfied the mandatory and discretionary elements of the statute. It further held that res judicata did not bar the application, finding that nothing prevents petitioner from filing two separate applications to obtain discovery for use in separate foreign proceedings.
The University of Notre Dame (USA) in England v. TJAC Waterloo, LLC, No. 21-1558 (1st Cir. Sept. 13, 2022)
Court of appeals affirmed district court’s confirmation of the arbitrator’s liability judgment against appellants pursuant to the New York Convention. Court of appeals found that appellee’s petition for confirmation of the arbitration awards at issue was not time-barred, ruling that the three-year limitations period in 9 USC § 207 only began to run on the issuance of the final arbitral award and not on the issuance of the interim awards.
Court enforced judgment confirming arbitration award against the Dominican Republic. Court, however, declined to “order execution to issue for this Final Judgment,” as 28 USC § 1610(c) prohibits a court from ordering execution against the property of a foreign state until a reasonable period of time has elapsed following entry of judgment.
Temsa Ulasim Araclari Sanayi Ve Ticaret A.S. v. CH Bus Sales, LLC, No. 1:22-CV-00492-JPC (S.D.N.Y. Sept. 1, 2022)
Court granted petitioner’s unopposed motion to confirm an arbitration award under the New York Convention. Court found the agreement was non-domestic and fell within the scope of the New York Convention, because it dealt with a commercial transaction with a Turkish company. Court found that nothing in the record suggested that any of the defenses listed in the New York Convention or in the FAA would preclude confirmation.
Court granted petitioner’s request to confirm arbitration award relating to a claim for repayment, finding that it was a final award because it dealt with a separate and independent claim. Court denied petitioner’s request to confirm a second arbitration award, because it was an intermediate procedural decision and therefore, a partial award.