Case Notes

Hall Street Assocs., L.L.C. v. Mattel, Inc.

In Hall Street Assocs., L.L.C. v. Mattel, Inc., 128 S. Ct. 1396 (2008), the Supreme Court held that the statutory grounds set forth in the Federal Arbitration Act (“FAA”) for vacating or modifying an arbitration award are exhaustive and thus cannot be supplemented by contract.

In Dependable Highway Express, Inc. v. Navigators Insurance Co., 498 F.3d 1059 (9th Cir. 2007), the Ninth Circuit addressed the limits of international comity where the very existence of an arbitration clause selecting a foreign forum was in dispute.

In New Regency Productions, Inc. v. Nippon Herald Films, Inc., 501 F.3d 1101 (9th Cir. 2007), the Ninth Circuit held that an arbitrator had a duty to investigate potential conflicts when he accepted employment, during the course of the arbitration, with a company that was then involved in negotiations with a party closely connected to a party to the case.

In Karada Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bume Negara, 500 F.3d 111 (2d Cir. 2007), the Second Circuit considered the circumstances under which a federal court may enjoin foreign judicial proceedings that threaten to undermine federal judgments confirming and enforcing foreign arbitral awards.

The Third Circuit Court of Appeals has curtailed the ability of district courts to modify an arbitral award rendered under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention").

A tribunal has rejected claims by a Canadian company, Methanex, challenging California’s decision to ban gasoline produced with methyl tertiary-butyl ("MTBE").

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CMS Gas Transmission Company v. Argentine Republic

An arbitral tribunal has ruled against Argentina in an important case arising out of that country's recent economic crisis.

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