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Recognition & Enforcement

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In Arbitration Procedure

New York District court denies request to vacate arbitration award

by 4 Mins Read

In Galilea, LLC v. AGCS Marine Ins. Co., No. 19-CV-05768 (VEC) (S.D.N.Y. Dec. 16, 2019), Petitioners, Galilea, LLC and Christopher Kittler, owners of a 60-foot yacht, sought to vacate an arbitration award entered in favor of Respondents/Cross-Petitioners, AGCS Marine Insurance Company, Liberty Mutual Insurance Company, and Starstone National Insurance Company. The arbitration was the result of the grounding of Petitioners’ yacht in Panamanian waters. After Respondents denied Petitioners’ request for insurance coverage, Respondents initiated an…

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In Europe

Enforcement of Intra-EU Investment Treaty Arbitration Awards in U.S. Remains Unclear After D.C. Court’s Micula Decision

by 10 Mins Read

In Micula v. Romania,[1] a D.C. district court judge recently enforced an investor-state arbitration award in a case brought by nationals of a European Union (“EU”) state against another EU state. This is the first decision by a U.S. court concerning enforcement of an “intra-EU” investment treaty award since the European Court of Justice’s decision in the Achmea case[2] last year, which held that such awards are not enforceable. Several cases seeking enforcement of intra-EU…

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In Recognition & Enforcement

Singapore Mediation Convention

by 5 Mins Read

A new treaty to encourage cross-border mediation The United Nations Convention on International Settlement Agreements Resulting from Mediation was signed by 46 States yesterday at an official signing ceremony in Singapore. To be known as the “Singapore Mediation Convention”, the Convention is intended to facilitate the enforcement of settlement agreements that have been entered into with the assistance of mediation. Current state of affairs At the moment, if two parties enter into a settlement agreement…

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In North America

U.S.: District court refuses to confirm unreasoned arbitration award and remands it to the arbitrator for clarification.

by 4 Mins Read

Smarter Tools Inc. v. Chongqing SENCI Import & Export Trade Co., No. 18-cv-2714 (S.D.N.Y. Mar. 26, 2019) [click for opinion] Smarter Tools Inc. (“STI”), a Virginia corporation, executed a purchase agreement to buy thousands of gas-powered generators from Chongqing SENCI Import & Expert Trade Co. (“SENCI”), a Chinese entity, for resale in the United States. In June 2013, STI stopped selling the generators because they were not California Air Resources Board (“CARB”) compliant. STI was…

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