North America Archives

In North America

Event Highlight: NEW YORK ARBITRATION WEEK – November 20-22, 2019

October 29, 2019 by David Weiss 2 Mins Read

Welcome to Arb Week New York is the leading center for international arbitration in the United States and one of the leading arbitral centers in the world. New York’s diverse and welcoming business and cultural environment supports a sophisticated arbitration community that also benefits from a court system that prides itself on its long tradition of sustaining party autonomy in contractual relations. New York’s inaugural Arbitration Week will bring together arbitration advocates, neutrals and academics…

In North America

District court confirms foreign arbitral award under New York Convention and denies petition to vacate for, inter alia, manifest disregard and violation of public policy

October 28, 2019 by 3 Mins Read

Superior Energy Services Columbia S.A.S. v. Premium Petroleum Services S. de R.L., No. 18-cv-7704 (S.D.N.Y. June 28, 2019)…

In North America

Louisiana Supreme Court rules that Louisiana’s non-resident attachment statute allows for attachment in aid of arbitration if the underlying arbitration claim is one for money damages

October 22, 2019 by David Zaslowsky and Kyle Olson 8 Mins Read

Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar, No. 2018-CQ-1728 America Metals Trading L.L.P. (“AMT”) and South…

In Europe

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

October 16, 2019 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…

In North America

Fifth Circuit holds that question of whether arbitration agreement prohibits class arbitration is for courts to resolve rather than arbitrators, absent clear and unmistakable language to the contrary in arbitration agreement

October 4, 2019 by 3 Mins Read

20/20 Communications, Inc. v. Crawford, No. 18-10260 (5th Cir. July 22, 2019) 20/20 Communications, Inc. (“20/20”), a direct-sales…

In North America

District court holds Respondents in contempt for violating the court’s anti-suit injunction order

October 1, 2019 by David Zaslowsky 3 Mins Read

Jolen, Inc. v. Kundan Rice Mills, Ltd., No. 19-cv-01296 (S.D.N.Y. July 9, 2019) [click for opinion] In November…

In Europe

GDPR does not apply to arbitration under NAFTA

September 18, 2019 by Dr. Markus Altenkirch and David Weiss 4 Mins Read

In Tennant Energy LLC (USA) v. Government of Canada (PCA Case No. 2018-54), a NAFTA tribunal addressed the reach of the General Data Protection Regulation 2016/679 (“GDPR”). The EU-Regulation, which came into force in May 2016, introduced extensive obligations on data processors and data controllers. Since then, the Regulation has raised many questions. The tribunal now dealt with the question of whether the EU-Regulation affects arbitration under the North American Free Trade Agreement. Background On…

In North America

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

September 16, 2019 by 3 Mins Read

Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., No. C18-1360-TSZ (W.D. Wash. Apr. 16, 2019) Devas Mutlimedia Private…

In North America

Fifth Circuit holds that state law prohibiting arbitration in insurance contracts was preempted by the New York Convention

September 13, 2019 by David Zaslowsky 4 Mins Read

McDonnel Group, L.L.C. v. Great Lakes Ins., SE, No. 18-30817 (5th Cir. May 13, 2019) In fall 2015,…

In North America

District court found that a pending appeal in a related state court action was no basis to vacate an award

September 11, 2019 by Alexander Burch 5 Mins Read

Ballinasmalla Holdings Ltd. v. FCStone Merch. Servs., No. 18-cv-12254 (S.D.N.Y. Apr. 11, 2019) Corrib Oil Biofuels, LLC (“Corrib Oil”) contracted with FCStone Merchant Services, LLC (“FCSTONE”) to purchase degummed soybean oil. Ballinasmalla Holdings Limited (“BHL”), a company based in Ireland, agreed to act as a guarantor for Corrib Oil on the purchase contract. BHL also agreed to act as a guarantor on payments owed by Corrib Oil Company, Ltd. (“Corrib Ltd.”) to INTL FCStone Markets, LLC…