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In North America

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

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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…

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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

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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…

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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

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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…

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In North America

District court recognizes and confirms a partial final arbitration award against a foreign sovereign and foreign government agency

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District court recognizes and confirms a partial final arbitration award against a foreign sovereign and foreign government agency, rejecting arguments that the arbitration provision was illegal under foreign law, that the notice of arbitration was defective, and that the arbitration violated due process because it was conducted during the COVID-19 pandemic. Preble-Rish Haiti, S.A. v. Republic of Haiti, No. 21-cv-6704 (S.D.N.Y. Jan. 26, 2022).[1] Factual Background On May 13, 2020, Petitioner Preble-Rish Haiti, S.A. (“PRH”), a…

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