USA Archives

In USA

Tenth Circuit: failure to follow the procedural requirements of Article IV of the New York Convention raises a merits issue rather than a jurisdictional issue

October 11, 2023 by David Zaslowsky and Adrienne Harreveld 4 Mins Read

Baker Hughes Servs. Int’l, LLC v. Joshi Technologies Int’l, Inc., Nos. 21-5072 and 21-5081 (10th Cir. July 13, 2023)[1] Plaintiff, Baker Hughes Services International LLC (“Baker Hughes”), after winning an Ecuadorian arbitration against the Ecuador-based Pesago Consortium, secured an arbitral award enforceable jointly and severally against the Consortium’s two members—Joshi Technological International, Inc. (“Joshi”) and third-party Campo Puma Oriente S.A. Baker Hughes then brought its award to Oklahoma and sued Joshi to confirm the award…

In USA

District court holds that Russian language choice of forum provision prevails over English translation in contract executed with side-by-side provisions where term employed was a term of art in Russia and did not compel the parties to arbitrate their disputes

September 25, 2023 by David Zaslowsky and Annasofia Roig 4 Mins Read

LaRubInt Corp. v. Joint Stock Company Studio Soyuzmultfilm, No. 22-cv-4461 (HG) (E.D.N.Y. Apr. 20, 2023)[1] In August and September…

In USA

District Court vacates arbitration award due to evident arbitrator partiality

August 14, 2023 by David Zaslowsky 4 Mins Read

In Equicare Health Inc. v. Varian Med. Sys.,[1] the District Court for the Northern District of California vacated…

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 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 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…