Shearman & Sterling LLP | U.S. International Arbitration Digest | US International Arbitration
U.S. International Arbitration Digest
This links to the home page

US International Arbitration

A collection of the most recent US international arbitration decisions is available here. Decisions can be quickly retrieved by using the filter tools below.

FILTER BY:
AND/OR
  • Samsung Electronics Latinoamerica (Zona Libre), S.A. v. VA Technosolutions and Services, LLC., No. 22-CV-21341-MB (S.D. Fla. Nov. 21, 2022)
    11/30/2022

    Court granted petitioner’s motion for reconsideration and modification of the order setting civil trial date.  Court concluded that the action, relating to enforcement of an international arbitration award under the Inter-American Convention, was subject to summary proceedings and cancelled the trial date.

  • Llagas v. Sealift Holdings Inc., No. 17-CV-00472-JDC-KK (W.D. La. November 8, 2022)
    11/08/2022

    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.

  • Hawaiian Host, Inc. v. Citadel Pacific Ltd., No. 22-CV-00077-JMS-RT (D. Haw. Oct. 31, 2022)
    11/03/2022

    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.

  • Huzhou Chuangtai Rongyuan Investment Management Partnership v. Hu Qin, No. 21-Civ.-09221-KPF (S.D.N.Y. Oct. 28. 2022)
    10/28/2022

    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.

  • Commodities & Minerals Enterprise Ltd. v. CVG Orinoco, C.A., No. 20-4248 (2d Cir. Oct.3, 2022)
    10/03/2022

    Court of appeals found that a party is not required to serve a summons in order to confirm a foreign arbitral award under the N.Y. Convention.  Court of appeals further found that the district court abused its discretion in awarding attorneys’ fees to petitioner, determining that respondent did not act without justification in refusing to abide by the arbitrator’s decision.

  • Green Renewable Organic and Water Holdings, LLC v. Bloomfield Investments, LLC, No. 21-CV-07181-HSG (N.D. Cal. Sept. 22, 2022)
    09/22/2022

    Court stayed decision on the motions to confirm two LCIA arbitration awards until the conclusion of the parallel English set-aside proceedings, finding that the Europcar factors supported granting an Article VI stay under the New York Convention.  It also stayed the separate litigation proceedings requesting a declaratory judgment that claimants are not subject to the jurisdiction of the LCIA.

  • Global Industrial Investment Limited, v. 1955 Capital Fund I GP LLC, No. 4:21-CV-08924-HSG (N.D. Cal. Sept. 21, 2022)
    09/21/2022

    Court granted petitioners’ motion to confirm an arbitration award, finding respondents waived any argument that the underlying arbitration was barred under res judicata and that the arbitrator did not exceed its authority in dissolving respondents’ funds where the arbitration clause to the parties’ agreement permitted such action.

  • Sprint Corporation v. Shichinin, 3:21-CV_02308-N (N.D. Tex. Sept. 20, 2022)
    09/20/2022

    Court denied defendant’s motion to vacate an arbitration award under 9 USC § 10(a)(2) and (4) as defendant failed to show that arbitrators were evidently partial or exceeded their authority.

  • Arcelormittal North America Holdings LLC v. Essar Global Fund Limited, 1:21-CIV-06975-KPG (S.D.N.Y. Sept. 19, 2022)
    09/19/2022

    Court denied motion to dismiss plaintiff’s case for enforcement of a foreign arbitral award.  Court determined that (1) forum non conveniens should not apply as substantial deference should be given to the plaintiff’s choice of forum and (2) principles of international comity did not warrant dismissal without “exceptional circumstances.”

  • The Federal Republic of Nigeria v. VR Advisory Services, Ltd., No. 21-MC-00007-JGK-VF (S.D.N.Y. Sept. 14, 2022)
    09/14/2022

    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)
    09/13/2022

    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.

  • Dominicana Renovables, S.L. v. The Dominican Republic, No. 21-CV-21796-BB (S.D. Fla. Sept. 9, 2022)
    09/09/2022

    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)
    09/01/2022

    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.

  • 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)
    08/31/2022

    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

  • HDI Global SE v. Phillips 66 Company, No. 1:22-CV-00807-VEC (S.D.N.Y. Aug. 26, 2022)
    08/26/2022

    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.

  • Chiejina v. Federal Republic of Nigeria, No. 21-2241-RJL (D.D.C. Aug. 24, 2022)
    08/24/2022

    Court denied Nigeria’s motion to dismiss action to enforce arbitration award for failure to properly serve, finding there were no issues with service of process and that the arbitration award should be enforced.  Plaintiff properly served Nigeria by sending a copy of the summons and complaint and a notice of suit with translation by mail to the head of the Ministry of Foreign Affairs in Nigeria.

  • Conocophillips Petrozuata B.V. v. Bolivarian Republic of Venezuela, No. 1:19-CV-0683-CJN (D.D.C. Aug. 19, 2022)
    08/19/2022

    Court granted petitioners’ motion for default judgment and confirmed a foreign arbitral award against Venezuela after petitioners effected service, presented satisfactory evidence to the court, and Venezuela failed to enter an appearance.

  • Heavenseven GMBH v. LoveTurner, Inc., No. 2:22-CV-03464-MEMF-SKX (C.D. Cal. Aug. 17, 2022)
    08/17/2022

    Court confirmed a foreign arbitral award directing costs and attorneys’ fees be paid to the prevailing party.  The underlying arbitration was only instituted to determine whether the tribunal had jurisdiction.  The arbitrator found that it did not have jurisdiction, but nonetheless issued an award for costs and attorneys’ fees.  Court found that the arbitrator had authority to determine its own jurisdiction, and thus could issue an award out of that limited proceeding.

  • Trajkovski Invest AB v. I.AM.PLUS, Electronics, Inc., No. 2:21-CV-04246-ODW-JEMx, (C.D. Cal. Aug. 9, 2022)
    08/09/2022

    Court denied respondent’s motion for relief from final judgment.  Court determined that that a foreign corporation that fails to pay taxes in California forfeits its status as a registered corporation and therefore suspends its right to litigate in the forum.  If respondent rectifies its forfeited status, it may bring its claim under Federal Rule of Civil Procedure 60(b), alleging that the lower court committed clear error in granting petitioners’ motion to enforce judgment for failure to comply with Article IV of the New York Convention.

  • Republic of Guatemala v. IC Power Asia Development Ltd., No. 1:22-CV-00394-CM (S.D.N.Y. Aug. 5, 2022)
    08/05/2022

    Court denied Guatemala’s motion for entry of default judgment because Guatemala failed to properly effect service of process on the defendant foreign corporation under New York Business Corporation Law § 307.  Court held that to effect service of process, Guatemala not only had to personally deliver the papers to the New York Secretary of State, but also send copies to defendant by registered mail with return receipt requested to the appropriate address, as defined by § 307.

  • Valores Mundiales S.L. v. Bolivarian Republic of Venezuela, No. 19-CV-46-FYP-RMM (D.D.C. Aug. 3, 2022)
    08/03/2022

    Magistrate judge recommended that the district court grant Venezuela’s motion to set aside a default judgment enforcing an ICSID award as Venezuela proved its default was not willful, but caused by extraordinary political circumstances.  Magistrate judge further recommended summary judgement be granted in favor of plaintiffs as Venezuela was not denied due process during ICSID annulment proceedings by Interim President Guaidó’s governments lack of participation.

  • Micula v. Government of Romania, No. 20-7116 (D.C. Cir. July 27, 2022)
    07/27/2022

    Court of appeals denied appellant’s petition for panel rehearing of its ruling affirming district court’s post-judgment order, which denied Romania’s motion for relief from satisfaction of the district court’s judgment and ordered Romania to pay outstanding amounts on an ICSID award.

  • Preble-Rish Haiti, S.A. v. Republic of Haiti, No. 21-CV-09040-PKC (S.D.N.Y. July 27, 2022)
    07/27/2022

    Court granted intervenor’s motion to vacate the maritime attachments of two bank accounts in relation to an arbitration award rendered against the Republic of Haiti, finding that the accounts were immune from attachment under the FSIA, because the intervenor, a commercial bank, was wholly owned by the Republic of Haiti.  The attachment did not meet the exception to the FSIA for arbitral awards because the attachment applied not to property of Haiti but to property owned by a legally distinct and autonomous commercial bank.  Court also denied plaintiff’s request for additional discovery.

  • 245 Park Member LLC v. HNA Group (International) Company Limited, No. 22-CV-05136-JGK (S.D.N.Y. July 25, 2022)
    07/25/2022

    Court confirmed a non-domestic arbitral award under the New York Convention finding that although the arbitrator did not permit discovery or hold an evidentiary hearing, she adequately considered submissions such that it was not fundamentally unfair or contrary to the parties’ arbitration agreement.

  • Molecular Dynamics Ltd. v. Spectrum Dynamics Medical Limited, No. 22-CV-04332-PAE (S.D.N.Y. July 22, 2022)
    07/22/2022

    Court dissolved preliminary injunction that enjoined defendants from enforcing an arbitral award outside of New York based on a forum selection clause in one of the parties’ agreements. Court found that the doctrine of judicial estoppel would likely bar plaintiff’s claims, because plaintiff had previously asserted in another court that an award in its favor would be enforceable outside of New York.

  • Tecnicas Reunidas de Talara S.A.C. v. SSK Ingenieria y Construccion S.A.C., No. 21-13776 (11th Cir. July 22, 2022)
    07/22/2022

    Court of appeals affirmed confirmation of an arbitral award under the Panama Convention rejecting petitioner’s argument that the award should be vacated because two of its attorneys withdrew and became employed at the opposing party’s law firm during the arbitration. Court of appeals held that because the petitioner had prior knowledge of this change but waited to object until it received an adverse award, it had waived its right to a public-policy defense.

  • Trividia Health, Incorporated vs. Nipro Corporation, No. 20-CV-08450-VEC (S.D.N.Y. July 21, 2022)
    07/21/2022

    Court declined to reconsider and reduce prejudgment interest in arbitral award from the New York State statutory rate to the federal rate or the rate chosen by the arbitration panel.  Court determined that such relief should only be granted in extraordinary circumstances, and none were present, especially because movant could have made this argument earlier.

  • Equipav S.A. Pavimentção Engenharia e Comercia Ltda. v. Bertin, No. 22-CV-4594-PGG (S.D.N.Y. July 14, 2022)
    07/14/2022

    Court granted permission to serve respondent with petition to confirm arbitration award through an alternative service method via email to respondent’s various counsel.  Court found that service via email was not prohibited by any applicable international agreement and did not offend due process.  Petitioner reasonably attempted to effectuate service by initiating the process under the Hague Convention, but because this service method would unnecessarily delay the case seven to twelve months, court intervention was warranted and necessary.

  • GBM Global Holding Company Limited v. 91 Individuals Attached to Schedule A, No. 21-CV. 6284-AKH (S.D.N.Y. July 13, 2022)
    07/13/2022

    Court confirmed a foreign arbitration award, finding there were no enumerated grounds for refusing or deferring recognition or enforcement of the award under the New York Convention, where respondents failed to appear before both the arbitral tribunal and motion to confirm the foreign arbitral award.

  • Esso Exploration and Production Nigeria Limited v. Nigerian National Petroleum Corporation., No. 19-3159 (L) (2d Cir. July 8, 2022)
    07/08/2022

    Court of appeals held that it was only obligated to afford comity to the parts of the award which the Nigerian court’s judgment previously set aside.  The case was remanded to the district court to determine precisely which aspects of the award are enforceable under the Nigerian judgment, and then enter a partial enforcement order based on that determination.

  • The Government of the Lao People’s Democratic Republic v. Baldwin, No. 20-CV-00195-CRK (D. Idaho July 1, 2022)
    07/01/2022

    Court denied defendants’ motion to stay further proceedings in the enforcement of an arbitral award pending resolution of three foreign proceedings, concluding that a stay was not warranted under either its inherent power to stay cases or under Article VI of the New York Convention.

  • Hydro Energy 1, S.A.R.L. v. Kingdom of Spain, No. 21-CV-2463-RJL (D.D.C. June 28, 2022)
    06/28/2022

    Court granted Spain’s motion to stay the proceedings to enforce an arbitral award until a pending ICSID annulment proceeding is concluded based on its inherent power to control the disposition of actions on its docket.  Further, the court noted that at least six similarly-situated petitioners have sought to enforce arbitral awards against Spain in the district and each had been stayed.  Court denied Spain’s motion to dismiss without prejudice.

  • Micula v. Government of Romania, No. 20-7116 (D.C. Cir. June 24, 2022)
    06/24/2022

    Court of appeals affirmed district court’s post-judgment order denying Romania’s motion for relief from satisfaction of the district court’s judgment, which ordered Romania to pay amounts outstanding under an ICSID award, by paying a less valuable Romanian judgment relating to the same award.  Court of appeals also affirmed the grant of petitioners’ motion for civil contempt and sanctions for Romania’s defiance of a post-judgment discovery order.

  • Reddy v. Buttar, No. 20-1633 (4th Cir. June 24, 2022)
    06/24/2022

    Court of appeals affirmed district court’s decision to enforce arbitration award under the New York Convention.  Court of appeals found the district court had subject matter jurisdiction under 9 USC § 203, holding along with the Second and Ninth Circuits that a plaintiff’s failure to establish the specific requirements of an enforceable arbitration agreement or award under the New York Convention is a merits question that does not affect subject-matter jurisdiction.  It further found that the court had personal jurisdiction over respondent who conceded that he was domiciled in North Carolina when the action was commenced, and affirmed the court’s entry of summary judgment, finding respondent did not present evidence to support his contention that the underlying agreement was a forgery.

  • Salzgitter Mannesmann International (USA) Inc. v. Sun Steel Company LLC, No. 22-CV-00030 (S.D. Tex. June 24, 2022)
    06/24/2022

    Court denied respondents’ motion to dismiss motion to confirm arbitral award, finding it had subject matter jurisdiction under the New York Convention.  Court concluded that the award arose out of a legal relationship with a reasonable relationship to a foreign state as required by 9 USC § 202, because the parties’ contract required petitioner to purchase steel from a Canadian company.

  • Rachan Reddy v. Rashid Buttar, No. 20-1633, (4th Cir. June 24, 2022)
    06/24/2022

    Court rejected arguments on appeal that court lacked subject matter jurisdiction because the arbitration award was not enforceable under the New York Convention, lacked personal jurisdiction because defendant was domiciled in New Zealand, and entered summary judgment improperly because there were genuine disputes of material fact regarding arbitration agreement.

  • UAB Skyroad Leasing v. OJSC Tajik Air, The Republic of Tajikistan, No. 21-7015 (D.C. Cir. June 17, 2022)
    06/17/2022

    Court of appeals affirmed district court’s judgment dismissing a petition to enforce an arbitral award for lack of personal jurisdiction under the Fifth Amendment’s Due Process Clause.  Court of appeals found that appellant failed to rebut the presumption of separateness between appellee, an instrumentality, and the Republic of Tajikistan, holding that Tajikistan’s sole ownership of appellee did not establish the level of control required to show that a principal-agent relationship existed.

  • Bristol-Myers Squibb Co. v. Novartis AG, No. 22-CV-04162-CM (S.D.N.Y. June 14, 2022)
    06/14/2022

    Court denied respondent’s unopposed motion to seal in its entirety—or in the alternative, file a heavily redacted version of—a final arbitration award, except to the extent that the redactions covered proprietary or confidential business information.  Court held that when a party seeks confirmation of an arbitration award, the award becomes a judicial document subject to the presumption of public access, pursuant to the First Amendment and common law right to access judicial documents and proceedings.

  • Gebre v. Kyrgyz Republic, No. 20-CV-01795-ABJ (D.D.C. June 14, 2022)
    06/14/2022

    Court granted petitioner’s motion for default judgment and confirmed the arbitral award against the Kyrgyz Republic.  Court found that given it had jurisdiction under the FAA, respondent was not immune under the FSIA, petitioner properly served respondent, and none of the grounds for denying recognition of an arbitral award under the New York Convention were applicable.

  • Smagin v. Yegiazaryan, No. 21-55537 (9th Cir. June 10, 2022)
    06/10/2022

    Court of appeals reversed and remanded the district court’s dismissal for lack of statutory standing in a civil action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), in which plaintiff-appellant alleged that defendants engaged in illegal activities to thwart execution of a US district court judgment confirming a foreign arbitral award pursuant to the New York Convention.  Consistent with the Second and Third Circuits, but disagreeing with the Seventh Circuit’s residency-based test for domestic injuries involving intangible property, court of appeals held that the alleged injuries to a judgment obtained by plaintiff from a US district court in California were domestic injuries to property such that plaintiff had statutory standing under RICO.

  • Oriental Republic of Uruguay v. Italba Corporation, No. 21-CV-24264-MD (S.D. Fla. June 8, 2022)
    06/08/2022

    Court granted in part and denied in part petitioner’s motion for judgment on the pleadings, in which petitioner sought to enforce an arbitration award.  Pursuant to the ICSID Convention and its enabling statute, 22 USC § 1650a, the court ordered that the pecuniary obligations in the arbitral award be recognized and entered as judgment.  Court denied petitioner’s claim for prejudgment interest, because the arbitral award rejected petitioner’s request for interest on the costs award.

  • Trividia Health Inc. v. Nipro Corporation, No. 20-CV-08450-VEC (S.D.N.Y. May 31, 2022)
    05/31/2022

    Court granted in part a motion for an entry of an order awarding attorney’s fees, costs, and interest following the award of a non-domestic arbitration award.  Court found that the petitioner was entitled to an award of attorney’s fees and that its requests were mostly reasonable but declined to award costs associated with its use of a legal research search engine, which it found was an overhead law firm cost.

  • Corporacion AIC, SA, v. Hidroelectrica Santa Rita S.A., No. 20-13039 (11th Cir. May 27, 2022)
    05/27/2022

    Court of appeals affirmed district court’s determination that it could not vacate an arbitral award under the New York Convention on the exceeding ground under 9 USC § 10(a)(4) of the FAA.  Court of appeals noted that although it believes that the 11th Circuit precedent is out of line with Supreme Court precedent on this point, their hands are tied until an en banc panel takes up the issue and holds that they can review international arbitration awards based on Chapter 1 of the FAA under Article V(1)(e) of the New York Convention when the United States has primary jurisdiction.

  • State of Libya v. Strabag SE, No. 21-7128 (D.C. Cir. May 27, 2022)
    05/27/2022

    Court of appeals affirmed district court’s decision to confirm arbitral award relating to contract disputes arising out of unfished construction projects due to the force majeure declared after the onset of the Libyan Civil War.  Court of appeals held the FAA does not provide for modification of arbitration awards that require relitigating the merits.

  • Cheim and Read, LLC v. Faurschou Projects APS, No. 1:21-CV-06540-RA (S.D.N.Y. May 18, 2022)
    05/18/2022

    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)
    05/18/2022

    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)
    05/17/2022

    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)
    05/09/2022

    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.

  • Uni-Top Asia Investment Ltd. v. Sinopec International Petroleum Exploration and Production Corp., No. 1:20-CV-01770-DLF (D.D.C. Apr. 22, 2022)
    04/22/2022

    Court granted motion to dismiss petition to confirm arbitral award.  Court found the venue was improper under Rule 12(b)(3) of the Federal Rules of Civil Procedure, because petitioner failed to show that respondent did business in the district which is necessary for venue over an instrumentality or agency of a foreign state under 28 USC § 1391(f)(3).  Court denied petitioner’s motion for jurisdictional discovery as moot.

  • Gulfstream Aerospace Corporation v. Oceltip Aviation 1 Pty Ltd., No. 20-11080 (11th Cir. Apr. 18, 2022)
    04/18/2022

    Court of appeals affirmed district court decision to confirm AAA arbitration award in a contract dispute involving the sale of a jet aircraft.  Court of appeals agreed with the district court’s finding that the FAA review standards, rather than Georgia state law, applied, and that the district court had correctly confirmed the award.

View All