Appellant's Opening Brief


This case involves disputed contentions concerning the validity of an award made against Defendant/Appellant before the Korean Arbitration Board and of the counterclaims of Appellant before the United States District Court. The question before this Court: did the Defendant/Appellant adequately present sufficient material facts to support Motion for Summary Judgment to allow the case to proceed to trial on its merits?

Appellant disputed the claims and assertions of the Plaintiffs, the jurisdiction of the Korean tribunal, and the legal standing of the Plaintiffs to assert the claims which are the subject of this action. Appellant opposed summary judgment granted by the District Court, affirming the Korean arbitration board. Review of an arbitration award is generally governed by the Federal Arbimay be vacated if: (1) the award was procured by corruption, fraud or undue the arbitrators were guilty of misconduct; or (4) the arbitrators exceeded their power. Appellant requested de novo review, arguing that it presented more than enough evidence in its opposition to overcome Plaintiffs’ summary judgment, such that this case should have proceeded to trial.

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Reference Info:Appellate Brief | Federal, 9th Circuit, California | United States

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