Benjamin Stearns on International Arbitration

Court Enforces Nine-Figure Chinese Arbitration Award, Finding Notice Requirements of New York Convention Were Satisfied

The U.S. District Court for the Southern District of New York recently denied a motion to reconsider its prior confirmation of a “multihundred-million-dollar” arbitration award by a Chinese arbitration panel. In the...more

5/2/2023 / Arbitration , Arbitration Awards , China , CIETAC , Foreign Arbitral Awards , International Arbitration

SDNY Confirms Unopposed Arbitration Award Using Summary Judgment Framework

A Turkish manufacturer of motor coaches entered into a distribution agreement with a Delaware-based corporation for the exclusive distribution of its motor coaches in the United States. Years later, a dispute arose over the...more

9/30/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act , International Arbitration

International Arbitration Award Under the New York Convention and Against the Haitian Government Confirmed by Southern District of...

The Southern District of New York confirmed an international arbitration panel’s award in favor of a Haitian company (PRH) and against the Haitian Bureau de Monetisation des Programmes d’Aide au Developpement (BMPAD). PRH...more

2/10/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , International Arbitration

Chinese Arbitration Award Confirmed Despite US Company’s Claim of Unfair Treatment Stemming From US-China Trade War

The Northern District of New York confirmed this month an arbitration award made in June 2018 by the China International Economic and Trade Arbitration Commission (CIETAC) in favor of two Chinese companies and against a U.S....more

8/31/2021 / Arbitration , Arbitration Awards , China , CIETAC , Foreign Arbitral Awards , International Arbitration

District of Puerto Rico Holds Article II of the Convention on Foreign Arbitral Awards Preempts the McCarran-Ferguson Act

In a dispute over whether an international insurance policy provided coverage for losses resulting from a fire that destroyed the insured property, the U.S. District Court for the District of Puerto Rico determined that the...more

7/22/2021 / Arbitration , Arbitration Awards , Federal Arbitration Act , Insurance Industry , International Arbitration , McCarran-Ferguson Act

€643 Million Arbitration Award Was Within Arbitration Panel’s Power to Award and Not a Result of Manifest Disregard of the Law

Precision Castparts Corp. purchased companies with manufacturing facilities in the United States and Germany for €800 million. After the sale closed, Precision discovered that the seller had “manipulated financial documents...more

8/4/2020 / Acquisitions , Arbitration , Arbitration Awards , Bootstrapping , Breach of Contract , Fraudulent Inducement , International Arbitration , Manifest Disregard

Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator and Foreign Reinsurer

In the wake of the liquidation of Legion Indemnity Co., the Illinois Director of Insurance, as liquidator of Legion, and Catalina Holdings arbitrated claims originating under reinsurance agreements between Legion and a...more

4/30/2019 / Arbitration , Arbitration Awards , International Arbitration , Liquidation , McCarran-Ferguson Act , Reinsurance

English Court Enjoins Washington State Court Action in Favor of Arbitration in London

In a dispute involving a complex, multilayered excess insurance policy, the Commercial Court of the Queen’s Bench Division enjoined Weyerhaeuser, a Washington company, from suing Catlin Syndicate Limited, a London-based...more

3/21/2019 / Commercial Insurance Policies , Insurance Litigation , International Arbitration , Motion To Enjoin , Policy Terms , UK

Court Refuses To Confirm “Interim Decision” Arbitration Award Under The New York Convention

An “Interim Decision” issued by three Rabbinical Court arbitrators based in New York was not “final” and therefore could not be confirmed in federal court pursuant to the United Nations Convention on the Recognition and...more

11/12/2018 / Arbitration , Arbitration Awards , Federal Arbitration Act , Interim Remedies , International Arbitration , New York Convention , Section 7

Eleventh Circuit Defers To Arbitrator’s Interpretation Of Forum Selection Clause In International Dispute And Affirms Award

Questions of arbitral venue, even in international arbitration, are presumptively for the arbitrator to decide. The court so ruled despite arguments from an Israeli company that the arbitrator’s interpretation of an...more

8/8/2017 / Arbitration , Arbitration Agreements , Arbitration Awards , Forum Selection , International Arbitration

Benjamin Stearns

Carlton Fields

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