USA Archives

In North America

District court holds that a tribunal in an ICSID arbitration is not “a foreign or international tribunal” under 28 U.S.C. § 1782 and therefore discovery may not be sought in aid of such an arbitration

February 2, 2023 by Alexander Burch and David Zaslowsky 2 Mins Read

In re Application of Alpene, Ltd., No. 21 MC 2547 (E.D.N.Y. Oct. 27, 2022)[1]Factual Background Alpene, Ltd., a Hong Kong corporation, was the claimant in an investor-state treaty arbitration against the Republic of Malta before the World Bank’s International Centre for the Settlement of Investment Disputes (“ICSID”). Alpene initiated a proceeding in district court in New York requesting an order authorizing subpoenas for documents and testimony from an individual residing in New York in connection…

In Arbitration Agreements

Third Circuit holds that a correspondence between the parties could be understood as an arbitration agreement under the New York Convention

January 31, 2023 by Gonzalo J. Monge and David Zaslowsky 5 Mins Read

Jiangsu Beier Decoration Materials Co. v. Angle World LLC, No. 21-3143 (3d Cir. Nov. 3, 2022)[1] Factual Background…

In North America

Second Circuit affirms order denying motion to compel arbitration

December 19, 2022 by Christina Cerutti and David Zaslowsky 3 Mins Read

In Lavvan, Inc. v. Amyris, Inc., No. 21-1819 (2d Cir. Sept. 15, 2022),[1] the Second Circuit affirmed order denying…

In North America

District court confirms arbitral award despite arbitrator decision to deny discovery and evidentiary hearing

November 16, 2022 by Shiyu (Jenny) Liang and David Zaslowsky 3 Mins Read

245 Park Member LLC v. HNA Grp. (Int’l) Co., 1:22-cv-5136-JGK (S.D.N.Y. July 25, 2022)[1] Factual Background In 2017, Petitioner 245 Park JV LLC, a U.S. affiliate of Respondent HNA Group (International) Company Limited (“HNA”), bought property at 245 Park Avenue in New York City. In June 2018, Petitioner 245 Park Member LLC made a preferred equity investment of $148 million in 245 Park JV LLC. As inducement for the investment, Petitioner secured contractual rights and protections, including…

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…

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. 8, 2022), the Michigan Court of Appeals affirmed 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, and this action falls within the clarification-completion exception to functus officio.[1] Factual Background Attorney Craig Romanzi’s employment terms at Fieger & Fieger (“the…

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…

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 a number of legislative changes to foster foreign investment. This included entering into a number of Bilateral Investment Treaties, one of which was with Cyprus (the “BIT”). The BIT included a dispute resolution provision that allowed disputes between one of the countries and an investor from the other country to be submitted to a court where the…