USA Archives

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…

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 3 Mins Read

In In Re Romanzi; Kenneth A. Nathan v. Fieger & Fieger, P.C., Nos. 20-2278/21-1004 (Mich. Ct. App. Apr.…

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 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, Tethyan Copper Co. Pty Ltd. (“Tethyan”), an Australian company, entered into a joint venture with a Pakistani province, Balochistan, which provided that Tethyan could “explore potential copper and gold mining” in the province. In 2011, Tethyan applied to Balochistan for a lease to mine the Reko Diq deposit, one of the world’s largest copper-gold deposits, located in…

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 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…

In Arbitrability

District court orders party to withdraw actions in Mexico because the parties agreed to arbitrate all disputes and to delegate questions of arbitrability to the arbitrators

May 5, 2022 by 5 Mins Read

Citigroup Inc. v. Sayeg, No. 21-cv-10413 (S.D.N.Y. Jan. 20, 2022)[1] Factual Background Luis Sebastian Sayeg Seade (“Sayeg”) was employed by Banco Nacional de México, S.A. (“Banamex”), a wholly-owned indirect subsidiary of Citigroup, organized under the laws of Mexico with a principal place of business in Mexico. During Sayeg’s employment with Banamex, Citigroup had in place various incentive plans (the “Plans”), which granted incentive compensation to its employees. All of the Plans contained arbitration clauses. Sayeg’s…

In Arbitrability

New York state court applies principles of contract formation set out in the CISG and permanently stays an arbitration

April 26, 2022 by Erika Van Horne and David Zaslowsky 5 Mins Read

In the Matter of the Application of New York State Department of Health, Petitioner, For an Order, Pursuant…

In North America

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

April 8, 2022 by Maria Piontkovska and David Zaslowsky 6 Mins Read

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

In Arbitrability

First Circuit vacates grant of motion to compel arbitration

April 5, 2022 by 4 Mins Read

First Circuit vacates grant of motion to compel arbitration, finding that the parties’ disagreement over which conflicting agreement applied required the district court to resolve the gateway question of arbitrability. McKenzie v. Brannan, No. 20-2170 (1st Cir. Nov. 22, 2021)[1] Factual Background American Pop Art artist Robert Indiana (“Indiana”) was famous for his distinctive “LOVE” image (with the L and titled O sitting atop the V and E). In 2008, Indiana entered into a publishing agreement…