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District court stays action to confirm foreign arbitral award under New York Convention after finding state-owned entity subject to court’s jurisdiction under FSIA

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Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., No. C18-1360-TSZ (W.D. Wash. Apr. 16, 2019) Devas Mutlimedia Private Ltd. (“Devas”) brought an action to confirm a foreign arbitral award issued against Antrix Corp. Ltd. (“Antrix”), an entity owned and controlled by the Government of India. Antrix moved to dismiss Devas’s petition on the grounds that Antrix was not subject to the court’s jurisdiction and based on the doctrine of forum non conveniens.In its evaluation of…

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In North America

Ninth Circuit found that arbitration award and confirmation by a district court barred plaintiff from pursuing action based on the doctrine of claim preclusion, under Florida law.

by 3 Mins Read

NTCH-WA, Inc. v. ZTE Corp., No. 17-35833 (9th Cir. Apr. 25, 2019) NTCH-WA, Inc. is one of a number of affiliates that operate together under the name “ClearTalk” and offer prepaid and flat-rate cell phone service to customers with poor credit or who otherwise cannot open accounts with major cell phone providers. The ClearTalk entities filed suit in California against ZTE Corp.’s wholly-owned subsidiary, ZTE USA, for breach of contract and other related causes of…

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In North America

U.S.: . Ninth Circuit holds that settlement agreement entered as an order by a purported arbitrator, without attendant arbitral proceedings, is not a foreign arbitral award under the New York Convention.

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Castro v. TriMarine Fish Co. LLC, No. 17-35703 (9th Cir. Feb. 27, 2019) [click for opinion] Plaintiff Castro was injured while working as a deck hand aboard a fishing vessel owned by Defendants, several TriMarine companies (collectively referred to as “TriMarine”). Castro, a citizen of the Philippines who had relocated to American Samoa, had an employment agreement with TriMarine calling for arbitration in, and subject to the procedural rules of, American Samoa. After his injury,…

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In Costs

U.S.: District court grants petition to confirm foreign arbitral award and awards attorneys’ fees.

by 3 Mins Read

Eolica Tres Mesas, S. de R.L. de C.V. v. Abengoa Mexico S.A. de C.V., No. 1:18-cv-07505 (S.D.N.Y. Feb. 28, 2019) [click for opinion] In June 2014, Eolica Tres Mesas, S. de R.L. de C.V. and Eolica Tres Mesas 2, S. de R.L. de C.V. (“Eolica”) entered into a subcontractor relationship with general contractor Abengoa Mexico S.A. de C.V. (“Abengoa”) under a Balance of Plant Agreement (“BOP Agreement”) relating to the development of a 45-turbine wind…

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