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.
Newly Released Decisions
In re: Application of Caterpillar Credito, No. 1:22-MC-00412-GBW (D. Del. Sep. 28, 2023)
Court granted in part an application pursuant to 28 USC § 1782 for leave to serve subpoenas on credit card companies seeking records for use in an action pending in Curaçao court where the statutory factors were met and the discretionary factors weighed in favor of granting discovery. Court limited petitioner’s use of the records to the Curaçao proceeding and prohibited their use in an ongoing ICC arbitration. Court denied in part the application where the time requested for the subpoenas was overly broad.
Magual v. Dager, No. 1:23-CV-23491-RAR (S.D. Fla. Sep. 27, 2023)
Court granted application to confirm an ICC arbitral award under the Inter-American Convention on International Commercial Arbitration, where none of the grounds for refusal or deferral of recognition of the award existed. Court found that petitioners were entitled to recover their costs and reasonable attorneys’ fees incurred in confirming the award, because respondent demonstrated bad faith conduct in his refusal to abide by the award and through his conduct in the ICC arbitration.
Fasano v. Li, No. 1:16-CV-08759-KPF (S.D.N.Y. Sep. 27, 2023)
Court granted plaintiffs’ motion to compel arbitration where plaintiffs did not impliedly or expressly waive their right to arbitrate their common-law claims and there had been almost no litigation on the merits of the dispute. Court denied defendants’ motion to dismiss and stayed the case pending the completion of the arbitration.
First Kuwaiti General Trading & Contracting W.L.L. v. Kellogg Brown & Root International, Inc., No. 1:23-MC-00001-AJT-WEF (E.D. Va. Sep. 22, 2023)
Court granted motion to confirm five partial arbitration awards, two joint stipulations, and a final award, finding that the limitations period for confirmation began to run from the date of the final award and therefore, the motion to confirm was timely pursuant to the FAA and the New York Convention. Court denied interest on the two stipulations where interest was not contemplated by the parties.
Global Gaming Philippines, LLC v. Razon, 1:21-CV-02655-LGS-SN (S.D.N.Y. Sep. 12, 2023)
Court denied plaintiff’s motion to confirm a foreign arbitral award against debtor defendants and enforce the award against their alleged alter ego without prejudice. As to personal jurisdiction over the debtor defendants, the court reasoned that neither the doctrine of issue preclusion nor judicial estoppel applied to the arbitral tribunal’s findings as to those defendants’ alleged contacts in New York, an agreement allegedly signed in New York, and a road show that allegedly took place in New York. Court found there were disputed issues as to whether the defendants transacted business in New York under New York’s long arm statute and whether they were alter egos of the third defendant. Court held that those two defendants did not consent to personal jurisdiction through the at-issue agreement, and there was no jurisdiction under Federal Rule of Civil Procedure 4(k)(2). As to the third defendant, court held there were disputed issues regarding his status as the alter ego for purposes of enforcing the award and denied cross-motions for summary judgment on that basis.