Newly Released Decisions
Penneco Oil Company, Inc. v. K. Petroleum, Inc., No. 25-CV-00121-WSH (W.D. Pa. May 21, 2025)
Court granted plaintiffs’ motion to require defendant to post a security bond during proceedings to confirm or vacate the underlying arbitration award. Court found Local Rule 67.1(B) gave it discretion to order such a bond to protect against potential asset dissipation and found no justification to disregard the local rule or evidence of prejudice to defendant.
Happy CP Company Ltd. v. LB Accessories LLC, No. 2:24-CV-02274-TLN-JDP (E.D. Cal. May 19, 2025)
Magistrate judge recommended granting petitioner’s motion for default judgment to confirm a foreign arbitration award after respondents failed to appear or respond. Magistrate judge found the award enforceable under the New York Convention and FAA, recommended that petitioner’s request for attorney’s fees and costs be denied without prejudice, and recommended entering judgment in the amount of the award.
Xu v. Zhuang, No. 24-CV-08671-RGK-BFM (C.D. Cal. May 1, 2025)
Court granted Xu’s petition for confirmation of an arbitral award granted by the Shenzhen Court of International Arbitration under the NY Convention, finding no basis to conclude that the arbitrator made a mistake of law or fact, or that such a mistake could rise to the level of offending public policy.
US Trinity Energy Services, L.L.C. v. Southeast Directional Drilling, L.L.C., No. 24-10833 (5th Cir. April 28, 2025)
Court of appeals affirmed the district court’s denial of the petition to vacate an arbitration award under 9 USC §10(a)(4) and grant of respondent’s motion to confirm the award. Court found petitioner failed to show the arbitration panel exceeded its powers and held that “manifest disregard of the law” is not a basis for vacatur under §10(a)(4).
Zhuhai Dingfu Phase I Industrial Energy Conservation Investment Fund, LP v. Zhang, No. 8:23-CV-02059-MRA-JDE (C.D. Cal. April 25, 2025)
Court granted in part and denied in part respondent’s motion to amend findings and judgment and denied respondent’s motion for stay of execution of judgment as moot. Court amended the judgment to order post-judgment interest at the rate in 28 USC § 1961(a) but declined to allow discovery on the amount petitioner collected from respondent’s assets in China and declined to amend based on what respondent described as newly discovered evidence of duress.
Soar Earth Ltd v. Mahaffie, No. 1:24-CV-02757-DDD-NRN (D. Colo. April 24, 2025)
Court granted defendants’ motion to compel arbitration of plaintiff’s contract claims based on a provision in an agreement for the sale of services subjecting “[a]ll disputes between or among the parties under or relating to this Agreement” to binding arbitration. Court found that the claims fell within the scope of the arbitration agreement and that the arbitration provision was enforceable with respect to all defendants.
Zhuhai Dingfu Phase I Industrial Energy Conservation Investment Fund, LP v. Zhang, No. 8:23-CV-02059-MRA-JDE (C.D. Ca. Jan. 21, 2025).
Court granted petitioner’s motion for recognition and enforcement of foreign arbitral award, finding that the petitioner had submitted an authentic arbitration award to the court; that notice was sufficient because a subsidiary—for whom the respondent was the controller and legal representative—participated in the arbitration proceedings and respondent appeared to be aware of this participation. Court further dismissed respondent’s defenses that he could not adequately participate in the proceedings due to COVID-19 travel restrictions, finding that respondent did not adequately prove that remote appearances or appearance through counsel were unavailable. Court also found respondent’s duress defense unpersuasive, noting the respondent did not make any effort to repudiate the contract until now.