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In USA

Supreme Court of the United States rules lower court proceedings must be stayed pending the appeal of a denial of a motion to compel arbitration

August 9, 2023 by David Zaslowsky 5 Mins Read

On June 23, 2023, the Supreme Court issued a very important decision concerning the procedure to be followed when a district court denies a party’s request to compel arbitration. See Coinbase v. Bielski, No. 22-105, __ U.S. __ (June 23, 2023). Under 9 U. S. C. §16(a), when a federal district court denies a motion to compel arbitration, the losing party has a statutory right to an interlocutory appeal. The question for the Supreme Court,…

In USA

District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision

May 31, 2023 by Heidi Smucker and David Zaslowsky 4 Mins Read

Blasket Renewable Investments v. Kingdom of Spain, No. 1:21-cv-3249-RJL (D.D.C. Mar. 29, 2023).[1] Factual Background In 2007, two…

In North America

District court finds claims of partiality baseless and confirms award requiring specific performance

April 26, 2023 by David Zaslowsky and Ariel Bryant 4 Mins Read

Telecom Bus. Sols., LLC v. Terra Towers Corp., No. 22-cv-1761 (S.D.N.Y. Jan. 18, 2023)[1] Factual Background In 2015,…

In Arbitrability

District court holds that courts may decide issues of arbitrability even where the contract incorporates arbitration rules that delegate such issue to arbitrators

April 13, 2023 by David Zaslowsky and Desirée Hunter-Reay 4 Mins Read

Veerji Exports v. Carlos St Mary, Inc., No. 22 Civ. 3661 (LGS) (S.D.N.Y. Dec. 5, 2022)[1] Factual Background Plaintiff Veerji Exports (“Veerji”) contracted with BVC Brink’s Diamond and Jewellery Services LLP (“BVC”), the designated agent of Defendant Brink’s Global Services, Inc. (“Brink’s”), to ship diamonds from Surat, India to Defendants Carlos St. Mary and Carlos St. Mary, Inc. (collectively, “St. Mary”) in Houston, Texas. Pursuant to the contract, BVC issued a house airway bill (“HAWB”), which…

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…

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 International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2022-2023 – United States

January 1, 2023 by David Zaslowsky, Thomas Tysowsky, Richard Yang and Michelle Shin 25 Mins Read

A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction that has 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 its almost 100-year history, the FAA had not seen any major amendments.[1] However, such an amendment…

In North America

Second Circuit affirms order denying motion to compel arbitration

December 19, 2022 by 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…

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. July 8, 2022)[1] Factual Background In 2007, the predecessor of Plaintiff Outokumpu Stainless USA, LLC (“Outokumpu”) entered into a series of agreements with F.L. Industries Inc. (“Fives”) for the provision of three cold rolling mills used for manufacturing and processing steel products. The parties agreed that disputes arising from the agreements would be subject to arbitration under German…