Newly Released Decisions
Song v. Que, No. 24-4129 (9th Cir. July 10, 2025)
Court of Appeals affirmed district court’s confirmation of foreign arbitration award, holding that appellant failed to establish a defense under Article V of the New York Convention. Court of Appeals found that appellant had entered into a valid arbitration agreement, had received sufficient notice of the arbitration proceedings, and that enforcement of the award would not violate public policy.
Samsung Electronics Latinoamerica (Zona Libre) S.A. v. MV Communications Group, Inc., (Panama), No. 24-CV-24215-BB (S.D. Fla. July 9, 2025)
Court denied motion to dismiss petition to enforce arbitration award for lack of personal jurisdiction. Court found it had general personal jurisdiction over Panamanian and Costa Rican companies, determining that their principal place of business was in Miami where the sole owner, president, and legal representative of both companies “made most, if not all, of the corporate decisions” for both companies.
JiangSu CorEnergy Semiconductor Company Limited v. OEM Group, LLC, No. 24-CV-01675-PHX-DWL (D. Ariz. July 3, 2025)
Court dismissed petition to compel arbitration under § 4 of the FAA, holding that no binding arbitration agreement existed between the companies. Court held that an authenticated translation of the Chinese contract controlled as opposed to an earlier unauthenticated English version that was full of inaccuracies, inconsistencies, and grammatical errors. Court also held that agreement in the authenticated translation to “arbitrate[] or litigate[]” disputes in Shanghai did not create a binding arbitration agreement.
CMA CGM, S.A. v. GCC Supply & Trading L.L.C., No. 25-CV-01320 (S.D. Tex. July 3, 2025)
Court granted petition to compel arbitration under § 4 of the FAA, holding that binding arbitration agreement existed between French shipowner and US marine fuel supplier. Court held that because under the FAA an arbitration provision is severable from the remainder of the contract and under maritime law parties may orally or informally agree to the main terms of a contract before reducing those terms to a complete formal writing, a binding arbitration agreement was reached through email exchanges prior to the delivery of fuel.
Menzies Middle East and Africa SA v. Republic of Niger, No. 24-CV-00466-ABJ (D.D.C. July 3, 2025)
Court granted petitioner’s motion to enter default judgment and confirm ICSID arbitration award issued against Niger. Court found that it had jurisdiction over Niger pursuant to the ICSID convention and the FSIA arbitration exception, and that proper service was effected through the Head of the Ministry of Foreign Affairs of Niger. Court granted default judgement and awarded petitioner the value of arbitration award and interest.
Madison Pacific Trust Limited v. Groza, 25-CV-00642-PKC (S.D.N.Y. Apr. 10, 2025)
Court granted petitioner’s application to serve respondents via alternative means under Federal Rule of Civil Procedure 4 for purposes of initiating proceedings to confirm an arbitral award. Court found that petitioner had demonstrated that respondents’ physical whereabouts were unknown and could not be ascertained with reasonable diligence, and serving respondents by email was reasonably calculated to satisfy due process requirements. Court also directed delivery of service papers to addresses listed on court filings in parallel proceedings.
J&J Empire Express, Inc. v. FedEx Ground Package System, Inc., 1:24-CV-01200-MKV (S.D.N.Y. Apr. 9, 2025)
Court denied petition to vacate an arbitration award and confirmed the award, holding that petitioner had not demonstrated that the arbitrator committed manifest disregard for the law in issuing the award.
Shanghai Liyu Optoelectronics Co., Ltd. v. Brite Lite Tribe, LLC, 9:24-CV-80690-RLR (S.D. Fla. Apr. 8, 2025)
Court granted a petition to confirm an arbitral award under the New York Convention based on the court’s factual findings following an evidentiary hearing that petitioner properly served respondent and legal conclusion that the underlying award dealt with matters within the scope of the arbitration.
Webuild S.p.A. v. Argentine Republic, 1:21-CV-02464-RBW (D.D.C. Apr. 4, 2025)
Court granted plaintiff’s motion for judgment on the pleadings and confirmed an ICSID arbitral award, holding that it had personal jurisdiction over defendant, subject matter jurisdiction under the Foreign Sovereign Immunities Act, and the award was authentic.