No. 20-39

AVIC International Holding Corporation, et al. v. Soaring Wind Energy, L.L.C., et al.

Lower Court: Fifth Circuit
Docketed: 2020-07-17
Status: Denied
Type: Paid
Experienced Counsel
Tags: arbitrability arbitral-panel-composition arbitration-agreement arbitration-jurisdiction due-process equality-of-treatment federal-arbitration-act new-york-convention non-signatory-challenge public-policy
Key Terms:
Arbitration DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2020-10-16
Related Cases: 20-40 (Vide)
Question Presented (AI Summary)

Whether the district court must independently review a non-signatory's challenge to an arbitral panel's jurisdiction before the arbitration, and at a minimum, before confirmation of the arbitral award

Question Presented (from Petition)

question presented is: Whether the district court must independently review a non-signatory’s challenge to an arbitral panel’s jurisdiction before the arbitration, and at a minimum, before confirmation of the arbitral award. 2. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, known as the New York Convention, requires courts to deny the enforcement and recognition of foreign arbitral awards contrary to U.S. public policy or obtained without due process, and requires equal treatment in the process of constituting an arbitral panel. The Federal Arbitration Act, 9 U.S.C. §§ 201-208, the New York Convention’s implementing statute, permits those defenses in judicial proceedings to confirm or vacate foreign arbitral awards. The question presented is: Whether the due process and public policy defenses under the New York Convention prevent the recognition and enforcement of international arbitration awards where one (D II side of the dispute appointed a super-majority of the members of the arbitral panel?

Docket Entries

2020-10-19
Petition DENIED.
2020-10-06
Reply of petitioners AVIC International Holding Corporation, et al. filed. (Distributed)
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-08-11
Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2020.
2020-08-10
Motion to extend the time to file a response from August 17, 2020 to September 16, 2020, submitted to The Clerk.
2020-07-06
Petition for a writ of certiorari filed. (Response due August 17, 2020)

Attorneys

AVIC International Holding Corporation, et al.
Ilana Hope EisensteinDLA Piper LLP (US), Petitioner
Ilana Hope EisensteinDLA Piper LLP (US), Petitioner
Soaring Wind Energy, L.L.C., et al.
Lewis T. LeClairMcKool Smith, Respondent
Lewis T. LeClairMcKool Smith, Respondent