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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.

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  • Next Level Ventures LLC v. Avid Holdings Ltd., 2:23-MC-00052-LK (W.D. Wash. Nov. 14, 2023)
    11/14/2023

    Court denied plaintiff’s application for a writ of execution for the United States Marshal to take possession of and sell certain of defendant’s personal property—including intellectual property, contract rights, or claims of compensation—after court confirmed ICDR award, and defendant appealed the court’s confirmation of the arbitrator’s award without moving for a stay.  Court reasoned that granting a writ of execution would be unjust because plaintiff could in theory purchase the rights at issue through the Marshal’s sale while also destroying the opposing party’s appeal by becoming its owner through enforcement of the very judgment under review.  Court also expressed hesitancy to issue a writ when plaintiff’s application did not specify whether the subject property is located within the state and indicated that the writ would be improper since plaintiff had not given a pre-sale notice to the debtor.

  • RSM Production Corp. v. Gaz du Cameroun, S.A., No. 4:22-CV-03611 (S.D. Tex. Nov. 4, 2023)
    11/04/2023

    Court granted motion to partially vacate portion of arbitration award reducing recovery by roughly $4 million, and confirm the remaining portions of the award where the tribunal reversed course on a substantive legal issue it previously decided.

  • Dow Olefinverbund GmbH v. Trinseo Deutschland GmbH, No. 1:23-CV-07794-LAK (S.D.N.Y. Nov. 1, 2023)
    11/01/2023

    Court confirmed ICDR arbitration award pursuant to the New York Convention where respondent failed to respond, finding petitioner had met its burden of demonstrating that the award should be confirmed.

  • Fujian Shenda Investment Management Co., Ltd. v. Yunxin, No. 23-CV-05888-SB-BFM (C.D. Cal. Oct. 23, 2023)
    10/23/2023

    Court ordered petitioner to show cause why action seeking to confirm foreign arbitral award should not be dismissed for lack of personal jurisdiction over respondent, an individual residing in China.  Court requested petitioner respond providing authority for its position that the court may consider the objective of the lawsuit, to obtain a judgment and seek enforcement of an award by pursuing proceeds of a real estate sale in California, when analyzing specific jurisdiction.

  • UBS Financial Services Inc. v. Gutiérrez, No. 3:21-CV-01277-GMM (D.P.R. Oct. 18, 2023)
    10/18/2023

    Court denied petitioner’s motion to vacate arbitration award and granted defendants’ cross motion to confirm the award.  While one arbitrator failed to disclose five other legal proceedings in which he brought legal actions against large corporations similar to petitioner, the failure to disclose was insufficient to substantiate impartiality that materially prejudiced the arbitration proceedings.  Court further found that there was no manifest disregard for the law in the tribunal’s grant of a recession remedy where petitioner could not show that the arbitrators acted “intentionally in a manner so outside the realm of reasonable legality.”

  • Noble Prestige Limited v. Galle, No. 22-11520 (11th Cir. Oct. 16, 2023)
    10/16/2023

    Court of appeals found it lacked jurisdiction to review district court’s finding on subject matter jurisdiction over a petition to confirm a foreign arbitral award where its decision only dismissed petitioner’s claims against one respondent but left its claims against other respondents pending.  Court of appeals determined it had jurisdiction to review district court’s temporary restraining order, finding that it was actually a preliminary injunction subject to immediate review.  Court of appeals vacated the district court’s order, finding it violated the prior exclusive jurisdiction doctrine, since a Colorado probate court already exercised exclusive jurisdiction over respondents’ property, and the district court lacked the authority to issue a preliminary injunction freezing respondents’ assets under Federal Rule of Civil Procedure 65.

  • Exclusive Trim, Inc. v. Kastamonu Romania, S.A., No. 23-CV-03410-ALC (S.D.N.Y. Oct. 12, 2023)
    10/12/2023

    Court granted petitioner’s petition to confirm and enforce foreign ICDR arbitration award under the New York Convention on the ground that there was no genuine issue of material fact precluding judgment in favor of enforcement, and because respondent neither appeared in the action nor opposed the petition.

  • Strong v. Cashbet Alderney Limited, No. 23-CV-02081-JSC (N.D. Cal. Oct. 11, 2023)
    10/11/2023

    Court granted respondents’ motion to dismiss petitioner’s petition to confirm and enforce foreign ICDR arbitration award under the New York Convention on the ground that petitioner lacked Article III standing.  Court found that petitioner failed to satisfy the injury-in-fact requirement for Article III standing because the arbitration award was fully satisfied long before the petition was filed.

  • BUA International Limited v. Domtec International LLC, No. 23-CV-00206-DCN (D. Idaho Oct. 11, 2023)
    10/11/2023

    Court granted petitioners’ petition to confirm foreign arbitral award and for an entry of judgment on the ground that respondent failed to explicitly invoke any of the seven grounds for refusal in Article V of the New York Convention, and even those defenses that could be implied were without any showing of proof.

  • Eletson Holdings, Inc. and Eletson Corporation v. Levona Holdings Ltd., No. 23-CV-07331-LJL (S.D.N.Y. Oct. 10, 2023)
    10/10/2023

    Court denied respondent’s motion for an order referring the proceeding to enforce a foreign arbitration award to the bankruptcy court on the grounds that respondent is not a debtor or creditor in the bankruptcy proceeding it references; respondent does not contend that the confirmation of an arbitration award is a core proceeding as to which the bankruptcy court has the power to enter a final judgment; and respondent invokes no authority for an Article III court to refer the matter to the bankruptcy court, which does not have Article III powers.

  • BBC Chartering Carriers GMBH & Co. KG v. HSIN Silk Road Shipping Ltd., No. 23-CV-06043-MWF-MRW (C.D. Cal. Oct. 10, 2023)
    10/10/2023

    Court ordered petitioner to show cause why action seeking to confirm, recognize, and enforce foreign arbitral award should not be dismissed for lack of prosecution, requesting either respondent respond to the outstanding petition, or petitioner submit an application to enter default.

  • SinSin Europe Solar Asset Limited Partnership v. SPI Energy Co. Ltd., 2:22-CV-01991-MCE-JDP (E.D. Cal. Oct. 2, 2023)
    10/02/2023

    Court granted petition to confirm arbitration awards under the New York Convention.  Court awarded attorneys’ fees to petitioner based on respondent’s refusal to pay valid arbitral awards, forcing petitioners to bring the instant action.  Court declined to order injunctive relief in the form of a worldwide asset freeze until petitioners could show that respondent is refusing to comply with the court’s orders after judgment has been entered.

  • Gresham v. Safeguard Metals, LLC, 2:23-CV-06036-SVW-MRW (C.D. Cal. Sep. 28, 2023)
    09/28/2023

    Court granted petition to confirm an arbitration award pursuant to the FAA where respondents accepted service but declined to respond to the petition.

  • McGuire v. Safeguard Metals, LLC, 2:23-CV-05874-SVW-MRW (C.D. Cal. Sep. 28, 2023)
    09/28/2023

    Court granted petition to confirm an arbitration award pursuant to the FAA where respondents accepted service but declined to respond to the petition.

  • Magual v. Dager, No. 1:23-CV-23491-RAR (S.D. Fla. Sep. 27, 2023)
    09/27/2023

    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.

  • 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)
    09/22/2023

    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)
    09/12/2023

    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.

  • Office Create Corporation v. Planet Entertainment, LLC, 1:22-CV-08848-ER (S.D.N.Y. Sep. 11, 2023)
    09/11/2023

    Court granted petition to confirm arbitral award and denied respondents’ cross-petition to vacate the award pursuant to the FAA and New York Convention.  Court found that respondents’ arguments did not fit within the limited circumstances in which the court may vacate the award because the award was the product of the parties’ agreements to submit to arbitration; the parties were represented by counsel and actively participated in the arbitration; and the tribunal’s award as to both jurisdiction and the merits were based on detailed reasoning that did not constitute a manifest disregard of the law.

  • Salzgitter Mannesmann International (USA) Inc. v. Esmark, Inc., 3:22-CV-00030 (S.D. Tex. Sep. 11, 2023)
    09/11/2023

    Court granted petitioner’s motion to confirm an arbitration award and denied respondents’ motion to vacate the arbitration award under the New York Convention.  Court held that the disclosure by one of the arbitrators of his daughter’s employment as a non-lawyer at the law firm representing the petitioner did not constitute a significant compromising relationship; and the arbitration panel did not display actual bias through its decisions made during the final hearing.  Court also rejected one respondent’s argument that the award could not be enforced because the final award listed the name of an entity different from the name of respondent, reasoning that a technical defect in an arbitration award, such as misnaming a party, does not prevent confirmation of the award.

  • Preble-Rish Haiti, S.A. v. Republic of Haiti, No. 22-CV-07503-PKC (S.D.N.Y. Sept. 7, 2023)
    09/07/2023

    Court denied respondent’s motion for stay of enforcement of arbitration award pending appeal, finding that respondent did not make a strong showing that its appeal was likely to succeed on the merits; respondent did not demonstrate it would suffer irreparable injury absent a stay pending appeal; there was little likelihood of substantial injury to nonmoving party; and public policy considerations did not weigh in favor of stay.  Court granted respondent a temporary administrative stay of fourteen days to allow it to seek relief under Federal Rule of Appellate Procedure 8(a).

  • Telecom Business Solution, LLC v. Terra Towers Corp., No. 22-CV-1761-LAK (S.D.N.Y. Sept. 6, 2023)
    09/06/2023

    Court granted petition to confirm arbitration award and denied respondents’ cross-petition to vacate the award pursuant to the FAA, finding that the tribunal did not manifestly disregard the law; respondents failed to identify any evidence that they were prevented from presenting in the arbitration and likewise failed to establish any misconduct by the tribunal that rendered the arbitration fundamentally unfair; the tribunal did not exceed its scope of powers; and the arbitration award was not the product of “evident partiality” of the tribunal.

  • FG Hemisphere Associates, LLC v. Democratic Republic of Congo, 22-CV-02369-PJM (D. Md. Sept. 5, 2023)
    09/05/2023

    Court denied motion to dismiss complaint seeking, among other things, that a constructive trust be imposed upon certain assets of defendants for the execution on two judgments arising out of International Court of Arbitration awards.  Court found that plaintiff had standing; there was no statute of limitations issue on the face of the complaint; and plaintiff pleaded sufficient facts to permit defendants to respond and for the case to go forward.  Court granted motion for writ of attachment before judgment, finding that plaintiff was entitled to attachment before judgment and was not required to proceed by way of garnishment pursuant to Maryland law.

  • W.J. Deutsch & Sons Ltd. v. Diego Zamora S.A., No. 1:21-CV-11003-LTS (S.D.N.Y. Aug. 30, 2023)
    08/30/2023

    Court granted petitioner’s motion for alternative service nunc pro tunc, finding previous attempts to serve the respondent by email, certified mail, Federal Express, and the Spanish Central Authority, were not prohibited by international agreement and comported with constitutional notions of due process.  Court also granted respondents’ motion to dismiss and denied petitioner’s application to vacate the parties’ arbitration award, where there was no evidence to show the arbitral tribunal ignored principles of collateral estoppel in issuing its award.

  • Ivan v. Interactive Brokers LLC, No. 22-CV-03999-LTS (S.D.N.Y. Aug. 25, 2023)
    08/25/2023

    Court denied petitioners motion to vacate FINRA arbitration award finding petitioners’ arguments unavailing that the arbitrator exceeded its authority and violated public policy, failed to provide for fundamental fairness during the proceedings, and acted in manifest disregard of the law.  Court granted respondent’s cross-motion to confirm the award under the New York Convention.

  • Andes Petroleum Ecuador Ltd. v. Occidental Exploration and Production Co., No. 21-3039 (2d. Cir. Aug. 18, 2023)
    08/18/2023

    Court of appeals affirmed judgment of district court in part and vacated in part.  Court of appeals upheld district court’s confirmation of the arbitration award as there was no evidence in the record that an arbitrator’s nondisclosure of a professional connection to petitioner’s counsel from an unrelated prior arbitration and arbitration conferences interfered with the composition of the arbitral authority.  Court of appeals vacated the district court’s award of pre-judgment interest because it was not confident that the district court accurately calculated the compound interest.

  • Grupo Unidos Por El Candel S.A. v. Autoridad Del Canal de Panama, No. 21-14408 (11th Cir. Aug. 18, 2023)
    08/18/2023

    Court of appeals affirmed the denial of vacatur under Chapter of the FAA and the confirmation of two arbitral awards under the New York Convention where arbitrators failed to disclose their involvement in unrelated arbitrations.  Court of appeals agreed with the district court that the losing party presented nothing near the high threshold required for vacatur.

  • Assuranceforeningen Skuld (Gjensidig) and Skuld Mutual Protection and Indemnity Association (Bermuda) Ltd. v. M&F Fishing, Inc., No. 2:23-CV-00960-JCM-BNW (D. Nev. Aug. 11, 2023)
    08/11/2023

    Court granted petition to confirm foreign arbitral award pursuant to the New York Convention, finding that none of the grounds for refusal or deferral of recognition of the award existed and concluding that respondent’s failure to oppose the petition constituted consent to granting the motion under the court’s local rules.

  • Pezold v. Republic of Zimbabwe, No. 21-CV-02004-APM (D.D.C. Aug. 9, 2023)
    08/09/2023

    Court denied Zimbabwe’s motions to dismiss petitioner’s action to recognize ICSID arbitration awards, finding that it had subject matter jurisdiction where none of the FSIA exceptions applied to Zimbabwe, forum non conveniens was inapplicable in an action to enforce arbitral awards against a foreign nation, Zimbabwe was not able to show that petitioners failed to state a claim, and the petitioners were able to demonstrate standing.  Court requested a briefing schedule for the parties’ summary judgment motions, prior to deciding the enforcement issue.

  • DAK Property Holdings, Inc. v. Independent Specialty Insurance Company, No. 2:23-CV-00497-SPC-KCD (M.D. Fla. Aug. 8, 2023)
    08/08/2023

    Court granted defendants’ motion to compel arbitration pursuant to the New York Convention, finding plaintiff had not shown the parties’ agreement was null and void, inoperative or incapable of being performed.  Court further stayed the proceedings pending arbitration.

  • Compagnie Des Grands Hôtels D’Afrique S.A., v. Starman Hotel Holdings LLC and Starwood Capital Group Global I, No. 1:18-CV-00654-SB-SRF (D. Del. Aug. 8, 2023)
    08/08/2023

    Court granted defendants’ motion for summary judgment on the grounds that plaintiff did not sufficiently justify the extreme remedy of veil piercing to recover its arbitral award.

  • Acorda Therapeutics, Inc. v. Alkermes PLC., No. 1:23-CV-00223-NRM (S.D.N.Y. Aug. 4, 2023)
    08/04/2023

    Court denied plaintiff’s petition to modify arbitration award in part and confirmed the award in its entirety.  Court found plaintiff’s argument that the tribunal manifestly disregarded applicable and preemptive federal law unpersuasive citing the Supreme Court’s decision in Hall St. Assocs., LLC v. Mattel, Inc., which cast doubt on the viability of the manifest disregard doctrine.  Further, the court concluded that while the Second Circuit has recognized the doctrine, it has done so only as a basis for vacatur, not modification.

  • Hidroeléctrica Santa Rita, S.A., v. Corporación AIC, S.A., No. 1:21-CV-23807-RNS (S.D. Fla. July 28, 2023)
    07/28/2023

    Court granted plaintiff’s petition to confirm an arbitration award under the Inter-American Convention, applying the New York Convention’s case law to interpret its provisions.  Court applied § 208 of the FAA to determine that defendants failed to overcome the high hurdle required for vacatur of an arbitration award on the basis that arbitrators exceeded their powers.

  • Kora Pack Private Limited v. Motivating Graphics LLC, No. 4:22-CV-00377-BP (N.D. Tex. July 27, 2023)
    07/27/2023

    Court denied defendant’s motion for summary judgment, holding that having strategically declined to participate in arbitration, waiting nearly twenty months after the selection of arbitrators was too late to object to the manner of appointment.  Court granted plaintiff’s motion to enforce an arbitration award under the NY Convention’s secondary jurisdiction, finding that defendants objected to the composition of the arbitration panel too late, failed to show the arbitration agreement was invalid as a matter of law, and failed to show that the award either exceeded the scope of the agreement or was contrary to US public policy.

  • Sgromo v. Scott, No. 22-15199 (9th Cir. July 24, 2023)
    07/24/2023

    Court of appeals affirmed district court’s judgment confirming the arbitration award pursuant to the FAA.  Court of appeals held that the district court properly determined that the motion to vacate was time-barred under 9 USC § 12.  Because the award was not vacated, modified, or corrected, court of appeals held that the district court properly granted the motion to confirm the arbitration award.

  • Rabinowitz v. Kelman, No. 22-1747 (2d Cir. July 24, 2023)
    07/24/2023

    Court of appeals vacated district court’s dismissal of petition to confirm arbitral award and remanded for further proceedings. Court of appeals found the petition adequately pleaded subject matter jurisdiction based on diversity of citizenship and that the forum selection clause in the parties’ arbitration agreement did not bar the action from proceeding in federal court.

  • Jiangsu Beier Decoration Materials Co., Ltd. v. Angle World LLC, No. 21-CV-02845-AB (E.D. Pa. July 18, 2023
    07/18/2023

    Court denied petition to confirm the CIETAC arbitral award and dismissed the case, finding arbitration agreement was unsigned between the parties and that petitioner had not established an “exchange of letters” had occurred agreeing to an arbitration clause, a prerequisite for enforcement under the New York Convention.

  • Zhongzhi Hi-Tech Overseas Investment Ltd. v. Wenyong Shi, No. 22-CV-06977-LAP (S.D.N.Y. July 17, 2023
    07/17/2023

    Court granted defendant’s motion to dismiss petition to confirm and enforce foreign arbitral award and for entry of judgment, finding petitioner failed to make a prima facie case for personal jurisdiction over respondent and that it would be futile to permit petitioner to amend his petition.

  • Zaklady Farmaceutycyne Polpharma, S.A. v. Kartha Pharmaceuticals, Inc., No. 3:21-CV-00133-MOC-DCK (W.D.N.C. July 14, 2023)
    07/14/2023

    Court granted motion to enforce arbitration award pursuant to the New York Convention where none of the grounds for refusing to confirm the award applied to the case.  Court also dismissed the case with prejudice, since plaintiff had no claims pending before the court other than its request for a preliminary injunction, which became moot with the award.

  • Baker Hughes Services International, LLC v. Joshi Technologies International, Inc., No. 21-5072 (10th Cir. July 13, 2023)
    07/13/2023

    Court of appeals affirmed in part order enforcing a foreign arbitral award in favor of plaintiff pursuant to the New York Convention.  Court of appeals rejected defendant’s arguments that the district court lacked subject matter jurisdiction, the parties never agreed to arbitrate their dispute, and the district court improperly awarded the attorney’s fees.  Court of appeals vacated and remanded for reconsideration district’s court award of prejudgment interest.

  • Olin Holdings Limited v. State of Libya, No. 22-825 (2d Cir. July 12, 2023)
    07/12/2023

    Court of appeals affirmed order granting petition to confirm ICC arbitration award pursuant to the New York Convention.  Court of appeals found that Libya was not entitled to de novo review of the arbitrability of petitioner’s claim before confirmation of the award because it clearly and unmistakably agreed to submit questions of arbitrability to the arbitrators by signing a treaty providing for the option of resolving disputes under the ICC rules.

  • Prodigy Finance CM2021-1 DAC v. Sohi, No. 5:23-CV-00840-JGB-SP (C.D. Cal. July 7, 2023)
    07/07/2023

    Court granted petition to confirm a foreign arbitral award pursuant to the New York Convention.  Court found that none of the grounds for refusal or deferral of recognition of the award existed.

  • Preble-Rish Haiti, S.A. v. Republic of Haiti, Bureau de Monétisation des Programmes d’Aide au Développement, No. 1:22-CV-07503-PKC (S.D.N.Y. June 29, 2023)
    06/29/2023

    Court confirmed petitioner’s foreign arbitral award against respondents under the New York Convention and denied respondents’ cross-motion to dismiss or vacate the award.  Court had subject-matter jurisdiction over the Bureau under 28 USC §§ 1605(a)(1), (a)(6) and determined Haiti was not entitled to FSIA immunity.  Court had personal jurisdiction over respondents under FSIA’s service rules.

  • Citigroup Inc. v. Sayeg, No. 1:21-CV-10413-JPC (S.D.N.Y. June 26, 2023)
    06/26/2023

    Court confirmed petitioner’s unopposed motion to confirm a final arbitration award.  Court considered the Panama Convention’s grounds for recognition refusal, as petitioner is a US corporation and respondent is a Mexican citizen, finding none of the refusal grounds applied.  Court also found no grounds for vacatur under § 10(a) of the FAA.

  • MSK Covertech, Inc. v. Fevisa Industrial, S.A. de C.V., No. 3:23-CV-00741-DMS-MSB (S.D. Cal. June 26, 2023)
    06/26/2023

    Court partially granted plaintiff’s request for a letter rogatory seeking international assistance to serve Mexican defendant with notice of an application for confirmation of arbitration award.  Court found a letter rogatory appropriate under Fed. R. Civ. P. 4(f)(1) and the Hague Service Convention but ordered plaintiff to amend the proposed letter prior to issuance.

  • Trithorn Bulk A/S v. Duron Capital LLC, No. 1:22-CV-09628-JPC (S.D.N.Y. June 23, 2023)
    06/23/2023

    Court confirmed unopposed arbitration award, finding the parties’ contract satisfied New York Convention’s jurisdictional requirements and no genuine issue of material fact precluded confirmation.  Court also considered potential defenses and grounds for vacatur, finding nothing in the record precluded confirmation of the arbitral award.

  • Park West Galleries, Inc., v. ALP, Inc., No. 2:20-CV-11603-DPH-PSW (E.D. Mich. June 15, 2023)
    06/15/2023

    Court granted defendant’s motion to confirm arbitration award pursuant to the FAA finding the arbitrator did not engage in misconduct in his review and interpretation the parties’ settlement agreement and court was prohibited from reviewing the merits of the award. 

  • Andes Petroleum Ecuador Ltd. v. Occidental Exploration and Production Company, No. 21-3039 (2d Cir. June 15, 2023)
    06/15/2023

    Court of appeals affirmed the district court’s confirmation of an arbitral award, holding that the alleged undisclosed partiality of one of the arbitrators was not supported by the evidence and therefore, did not violate the FAA.  Court of appeals also applied the New York Convention in determining that there was no evidence the arbitrator’s alleged partiality “interfered with the ‘composition’ of the arbitral authority.” Court of appeals vacated the district court’s calculation of pre-judgment interest and remanded for the court to adequately explain its calculation.

  • United States v. PetroSaudi Oil Services (Venezuela) Ltd., No. 21-56228 (9th Cir. June 13, 2023)
    06/13/2023

    Court of appeals affirmed the district court’s order authorizing the seizure of any money released from an arbitration award fund held in an account controlled by a UK court on the grounds that it derived from illegal proceeds.  Court rejected defendant’s arguments that the FSIA and prior exclusive jurisdiction doctrine precluded the district court from exercising jurisdiction over the arbitration award fund.  Court of appeals further found that the district court had in rem jurisdiction over the fund and could issue a protective order requiring defendant to deposit funds from the arbitration award fund with the court.

  • Wanahao North America, LLC v. Zhejiang Weibin San Wei Technology Co. Ltd., No. 5:23-CV-00509-F (W.D. Okla. June 12, 2023)
    06/12/2023

    Court directed plaintiff to submit an amended petition to confirm an arbitration award under the New York Convention articulating sufficient allegations to rely on diversity jurisdiction by identifying each of its members, the state of citizenship of those members, and location of defendant’s principal place of business.

  • Commissions Import Export S.A. v. Republic of the Congo and Ecree LLC, 19-MC-00195-KPF (S.D.N.Y. May 23, 2023)
    05/23/2023

    Court granted the Republic of the Congo’s (“Republic”) motion to dismiss a petition for the turnover of property brought by judgment creditors premised on two arbitration awards.  Court reasoned that it did not have ancillary jurisdiction over the case because the judgment creditors did not sufficiently allege that the Republic fraudulently conveyed the property in question in order to avoid the judgments.  Court found further that dismissal was appropriate because the at-issue property was immune from execution under the Foreign Sovereign Immunity Act.

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