North America Archives - Global Arbitration News

In Canada

Supreme Court Clarifies Enforceability of Arbitration Clauses in Insolvency Proceedings

November 14, 2022 by Christina Doria, Michael Nowina and Brendan O'Grady 5 Mins Read

In Peace River Hydro Partners v. Petrowest Corp., the Supreme Court of Canada (SCC) refused to stay a receiver’s civil lawsuit in favour of multiple arbitration proceedings, finding the arbitration agreements were made inoperative by court order to facilitate an orderly and single insolvency process. This case helps resolve a tension between the expedience of a single insolvency process and the presumptive enforceability of arbitration agreements. Factual Background Peace River subcontracted various Petrowest entities to…

In Canada

Final S(t)ay? Alberta Court of Appeal Rules that Alberta Arbitration Act Does Not Prevent Appeal From Master to Judge

October 19, 2022 by Eleanor Dennis and Anton Rizor 5 Mins Read

In Agrium v. Orbis Engineering Field Services, the Alberta Court of Appeal held that parties can appeal a…

In North America

Eleventh Circuit affirms district court decision that non-signatory parties may enforce arbitration clauses under the New York Convention

October 19, 2022 by Marisa Dieken and David Zaslowsky 4 Mins Read

Outokumpu Stainless USA, LLC, v. Coverteam SAS (aka GE Energy Power Conversion France SAS, Corp.,), No. 17-10944 (11th Cir.…

In North America

District court confirms a foreign arbitral award and declines to stay enforcement despite a pending annulment action in the country with primary jurisdiction over the award

August 23, 2022 by Erin Shields and David Zaslowsky 4 Mins Read

Iraq Telecom Ltd. v. IBL Bank S.A.L., No. 21cv10940 (S.D.N.Y. Apr. 8, 2022)[1] Factual Background In 2011, Iraq Telecom Ltd. (“Iraq Telecom”) agreed to subordinate a loan to a third party company by entering into a Subordination Agreement with Intercontinental Bank of Lebanon S.A.L. (“IBL”). The Subordination Agreement provided for binding arbitration in Lebanon and the application of Lebanese law. It also provided that any arbitration award would be final and binding, and that any award…

In North America

Michigan Court of Appeals affirms that, where an arbitrators’ decision is challenged on brevity, the proper procedure is to remand the decision back to the arbitrators rather than vacate the award

July 12, 2022 by David Zaslowsky and Farah Chalisa 3 Mins Read

In In Re Romanzi; Kenneth A. Nathan v. Fieger & Fieger, P.C., Nos. 20-2278/21-1004 (Mich. Ct. App. Apr.…

In North America

U.S. District court denies Pakistan request to stay proceedings, and recognizes and enforces ICSID arbitral award based on the arbitration exception to the Foreign Sovereign Immunities Act

July 5, 2022 by David Zaslowsky 4 Mins Read

Tethyan Copper Co. Pty Ltd. v. Islamic Republic of Pakistan, No. 1:19-cv-02424 (D.D.C. Mar. 10, 2022)[1] In 2006,…

In North America

Supreme Court Holds That Section 1782 (For The Most Part) May Not Be Used in Aid of International Arbitration

June 22, 2022 by David Zaslowsky and Lawrence Newman 12 Mins Read

The Supreme Court has issued only two decisions on Section 1782. In this Alert, we discuss the second of those two decisions, ZF Automotive US Inc. v. Luxshare, Ltd., No. 21–401, issued on June 13, 2022. This decision resolved a Circuit split that can be traced to the Court’s first Section 1782 case (18 years earlier), Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004). The Supreme Court has now made clear that,…

In Arbitrability

District court affirms arbitral award, holding that selection of ICC Rules provided clear and unmistakable evidence of the parties’ intent to arbitrate issues of arbitrability

June 8, 2022 by Allen Al-Haj and David Zaslowsky 3 Mins Read

Olin Holdings Ltd. v. State of Libya, No. 21-CV-4150 (S.D.N.Y. Mar. 22, 2022)[1] In the 1990s, Libya made…

In Arbitrability

District court orders party to withdraw actions in Mexico because the parties agreed to arbitrate all disputes and to delegate questions of arbitrability to the arbitrators

May 5, 2022 by Peter Shapiro and David Zaslowsky 5 Mins Read

Citigroup Inc. v. Sayeg, No. 21-cv-10413 (S.D.N.Y. Jan. 20, 2022)[1] Factual Background Luis Sebastian Sayeg Seade (“Sayeg”) was…

In Arbitrability

New York state court applies principles of contract formation set out in the CISG and permanently stays an arbitration

April 26, 2022 by Erika Van Horne and David Zaslowsky 5 Mins Read

In the Matter of the Application of New York State Department of Health, Petitioner, For an Order, Pursuant to Article 75 of the CPLR, staying an arbitration commenced by Rusi Technology Company, Limited, Respondent, 2022 NY Slip Op 50041(U) (Sup. Ct. Albany County Jan. 25, 2022 In a special proceeding brought before a trial level court in New York, the New York State Department of Health (“DOH”) moved for an order and judgment permanently staying an…