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North America

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In North America

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

by and 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 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

Eleventh Circuit affirms district court decision that non-signatory parties may enforce arbitration clauses under the New York Convention

by and 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…

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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

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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…

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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

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…

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