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
Cheim and Read, LLC v. Faurschou Projects APS, No. 1:21-CV-06540-RA (S.D.N.Y. May 18, 2022)
Court granted petition to confirm an arbitration award under the FAA and New York Convention where respondent did not oppose the petition.
Gujarat State Petroleum Corporation Ltd. v. Republic of Yemen, No. 19-MC-0547-RA (S.D.N.Y. May 18, 2022)
Court denied petitioners’ motion to compel post-judgment discovery in relation to collection on an ICC award against the Republic of Yemen from non-party, the Federal Reserve Bank of New York (“Fed”), regarding accounts held by non-party, the Central Bank of Yemen. Court rejected the Fed’s argument that the FSIA precluded the information subpoena but agreed that the current subpoena was overbroad because it was not tailored to discovering information relevant to locating the judgment debtors’ assets.
Generali Espana de Seguros y Reaseguros, S.A. v. Speedier Shipping, Inc., No. 1:21-CV-04080-RLM (E.D.N.Y. May 17, 2022)
Court granted petitioner’s application to enforce two foreign arbitration awards, which had been assigned to it by its insured, under the New York Convention. Court rejected respondent’s argument that the arbitration clause was invalid and that it did not agree to or participate in the arbitration.
General Marine II, LLC v. Kelly, No. 3:21-CV-01425-W-DEB (S.D. Cal. May 9, 2022)
Court confirmed the foreign arbitration award under the New York Convention. Court found that the restrictions in travel due to the COVID-19 pandemic did not meet the public policy exception, and that respondent’s incapacity defense failed, as it was improperly directed at an inability to perform the underlying contract instead of incapacity preventing fair arbitration proceedings.
Phoenix III Association, Inc. v. Certain Underwriters at Lloyd’s, London, No. 1:21-CV-00514-TFM-M (S.D. Ala. Apr. 26, 2022)
Court granted motion to compel arbitration, finding the four jurisdictional requirements of the New York Convention were satisfied, as there was an agreement in writing; the arbitration agreement provided for arbitration in New York, a territory of a signatory of the New York Convention; the dispute arose out of an insurance agreement, which is commercial in nature; and at least one of the parties to the insurance agreement was not an American. Court denied request to dismiss the matter but granted a stay pending arbitration pursuant to the FAA.