Petitioner, Trina Solar US, Inc. (“Trina”), is a California company that manufactures and sells solar panels. In 2012, Trina began negotiations with Respondents, Australia-based Jasmin Solar Pty Ltd. (“Jasmin”) and Nevada-based JRC-Services LLC (“JRC”), for the sale of such solar panels. JRC acted in tandem with Jasmin in negotiating the purchase of solar panels from Trina. In November 2012, JRC executed a written sales contract (“Contract”) with Trina to purchase the solar panels. Jasmin was…
Canada has long been an arbitration-friendly jurisdiction and was the first state to adopt the 1985 UNCITRAL Model…
The Ninth Circuit Court of appeals reversed a district court’s refusal to vacate an arbitration award for improper…
The Southern District of New York rejected public policy and due process defenses and confirmed an international arbitration award while rejecting an argument that the award debtor could withhold a portion of the damages to offset Taiwanese tax obligations. Petitioner Mondis Technology Ltd. (“Mondis”), a company involved in the purchase, assertion, and licensing of patent rights, petitioned to confirm an arbitral award entered in its favor against Respondent Wistron Corporation (“Wistron”), a Taiwanese manufacturer of…
A U.S. District Court rejected Argentina’s attempt to vacate a USD 21 million international arbitration award in a…
In a landmark decision, the UK Supreme Court has determined that the New York Convention does not permit…
On 9 December 2016, the Nanjing Intermediate People’s Court (“Jiangsu Court”) handed down a decision recognizing and enforcing a civil judgment made by the Singapore High Court (“Nanjing IPC Decision”) based on the principle of reciprocity. This is a landmark development and is the first time that a Chinese court has recognized and enforced a Singapore commercial judgment. More significantly, this is the first time that a Chinese court has recognized and enforced a foreign…
Hong Kong courts have a discretion to enforce foreign awards under the New York Convention (“NYC”) even though…
This article was first published in the China Business Law Journal, October 2016, Volume 7 / Issue 9.…
The Federal Arbitration Act (FAA) reflects U.S. Congressional approval of the finality of arbitration. Indeed, the FAA and interpretive case law provide for the vacatur of arbitration awards on grounds so limiting that it is very rare to obtain a satisfactory appellate result. And for those who believe they have a valid basis to vacate an arbitration award – such as a claim of fraud or arbitrator corruption – Section 12 of the FAA requires…