The Report examines arbitration and related litigation in courts world-wide. Covers enforcement, jurisdictional disputes, forum selection, use of experts by arbital parties, judicial supervision, the Iran-U.S. Claims Tribunal, the United Nations Compensation Commission, and events of interest at arbitration institutions around the globe. Published monthly.
Featured Stories
9th Circuit Upholds Award; Party Was Trying To Relitigate Dispute
PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on June 19 affirmed a lower court’s confirmation of a Korean Commercial Arbitration Board (KCAB) award on the ground that the losing party cannot attempt to relitigate the entire dispute based on the same issues presented to the arbitrators (Seung Woo Lee, Gil Soo Ryu, co-receiver[s] for Medison Co. Ltd. v. Imaging3 Inc., No. 06-55993, 9th Cir.; 2008 U.S. App. LEXIS 13192). . . .
Motions’ Wording Doesn’t Derail Confirmation Of Final ICC Award
NEW YORK — Concluding that a motion to confirm and a motion to vacate an award under the Federal Arbitration Act (FAA) submit identical issues for judicial determination, a federal judge on June 3 granted a party’s motion to dismiss a motion to vacate as a motion to confirm (Sanluis Developments L.L.C., Sanluis Investments L.L.C. and Sanluis Corporación S.A. de C.V. — against — CCP Sanluis L.L.C. and AIP-Sanluis L.L.C., 06-Civ. 11531 [RJH], S.D. N.Y.; 2008 U.S. Dist. LEXIS 44503 . . . .