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Fifth Circuit holds that, in determining specific personal jurisdiction in a confirmation proceeding, a district court should consider a party’s forum contacts related to the underlying dispute that resulted in the arbitration

by and 4 Mins Read

Conti 11. Container Schiffarts-GMBH & Co. KG M.S. v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th Cir. 2024)[1] Factual Background In November 2000, Mediterranean Shipping Company (“MSC”), a Swiss corporation based in Geneva, chartered M/V FLAMINIA, a cargo vessel, from Conti, a German corporation. The charter agreement required all disputes arising thereunder to be arbitrated in London. From 2000 to 2012, MSC operated the FLAMINIA without issue. In June 2012, a Houston-based employee of…

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In USA

California Court of Appeals requires vacatur of an arbitration award based on a reasonable impression of possible arbitrator bias

by and 3 Mins Read

FCM Inv., Inc. v. Grove Pham, LLC, No. RIC1902326 (Cal. Super. Ct. Oct. 17, 2023)[1] Factual Background In January 2019, Plaintiff FCM Investments, LLC (“FCM”), signed a purchase agreement to buy property in Riverside, California, from Defendant Grove Pham, LLC (“Grove”), a company owned by Phuong Pham. Grove operated a nursing home on this property. Disputes arose and were mediated during the due diligence process, but FCM pulled out of the amended deal before escrow…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – USA

by , and 22 Mins Read

A. Legislation and rules A.1 Legislation The United States has a federal form of government, and there is, accordingly, arbitration-related legislation at both the federal (national) and state levels. The Federal Arbitration Act (FAA) of 1925 continues to be the controlling federal arbitration statute and reflects a well-established national policy that strongly favors arbitration as an alternate means of dispute resolution. In 2023, the House and Senate introduced four amendments to the FAA, none of…

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In USA

Tenth Circuit: failure to follow the procedural requirements of Article IV of the New York Convention raises a merits issue rather than a jurisdictional issue

by and 4 Mins Read

Baker Hughes Servs. Int’l, LLC v. Joshi Technologies Int’l, Inc., Nos. 21-5072 and 21-5081 (10th Cir. July 13, 2023)[1] Plaintiff, Baker Hughes Services International LLC (“Baker Hughes”), after winning an Ecuadorian arbitration against the Ecuador-based Pesago Consortium, secured an arbitral award enforceable jointly and severally against the Consortium’s two members—Joshi Technological International, Inc. (“Joshi”) and third-party Campo Puma Oriente S.A. Baker Hughes then brought its award to Oklahoma and sued Joshi to confirm the award…

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