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North America

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In North America

District court applies balancing test to determine whether to enforce an arbitration award or order a stay pending petition for annulment of award

by and 3 Mins Read

Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) [click for opinion] Cube Infrastructure Fund SICAV, Cube Infrastructure Managers S.A., Cube Energy S.C.A. (now Cube Energy S.a.r.l.) (“Cube”), Demeter Partners S.A., and Demeter 2 FPCI (“Demeter”) are European-based investment and private equity funds that invest in energy projects. Cube and Demeter invested in multiple hydro-power and photovoltaic (“PV”) facilities in Spain in 2008, 2011, and 2012, after Spain established…

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In Arbitrability

Contract compelling arbitration not formed where parties submitted two different versions of the same agreement as evidence

by 4 Mins Read

Rowland v. Sandy Morris Financial & Estate Planning Services, LLC., No. 20-1187 (4th Cir. 2021) [click for opinion] Barry and Donna Rowland (“Rowland”) first enlisted Sandy Morris and her Florida-based firm, Sandy Morris Financial LLC (“SMF”), for financial planning advice in 2014. After the couple moved to North Carolina, they continued to use SMF for financial services and, in 2017, hired Morris and SMF to manage their investment accounts. Pursuant to this expanded scope of…

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In North America

Fifth Circuit rules that relocation of place of arbitration did not manifestly disregard the parties’ agreement or the law

by 4 Mins Read

Northrop Grumman Ship Systems, Inc. v. The Ministry of Defense of the Republic of Venezuela, No. 20-60347 (5th Cir. Mar. 10, 2021) [click for opinion] A little over a year before Hugo Chávez came to power in Venezuela, Huntington Ingalls Incorporated (“Huntington Ingalls,” formerly known both as Northrop Grumman Ship Systems, Inc. and as Ingalls Shipbuilding, Inc.), entered into a $315 million dollar contract with the Ministry of Defense of the Republic of Venezuela (the…

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In North America

District court rules that party who voluntarily did not appear at the final hearing not deprived of fundamentally fair hearing

by 5 Mins Read

Bartlit Beck LLP v. Okada, No. 19-cv-08508 (N.D. Ill. Mar. 12, 2021) [click for opinion] Kazuo Okada (“Okada”), a Japanese gambling magnate, was the founder of Universal Entertainment Company (“UEC”), and owned a significant percentage of UEC’s stock. UEC, in turn, held a significant stake in Wynn Resorts Ltd. (“WRL”), a developer and operator of high-end casinos, and Okada sat on WRL’s board of directors. Following a year-long investigation of Okada, headed by former FBI…

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