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AAA Yearbook on Arbitration & the Law - 25th Edition - Chapter 8 - International Arbitration

Author(s): 
Stephen K. Huber
Ben H. Sheppard Jr.
Page Count: 
64 pages
Published: 
August, 2013
Practice Areas: 
Waivers,
Judicial Assistance in Procedural Matters,
Enforcement of Arbitral Awards,
Grounds for Refusal of Enforcement,
AAA,
New York Convention
Author Detail: 
STEPHEN K. HUBER is Professor Emeritus at the University of Houston Law Center, and has served as a visiting professor at the University of Texas, Rice University (Political Science), Pepperdine Law School (Dispute Resolution Program), and the University of East Africa (Dar es Salaam, Tanzania). Mr. Huber is a member of the State Bar of Texas, and the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolution Section. He is the author of numerous publications relating to arbitration.

BEN H. SHEPPARD, JR. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a Partner and Co-Chair of the firm's international dispute resolution practice. He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules that established a pre-arbitral emergency arbitrator procedure. He was the author of the report and recommendation to the ABA House of Delegates in support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes. He chaired one of the two working groups that promulgated the CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. He is a past chair of the Disputes Division of the ABA Section of International Law and for five years served as editor-in-chief of The International Arbitration News. He is a member of the American Law Institute and a Fellow of the College of Commercial Arbitrators.

 

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Originally from: AAA Yearbook on Arbitration and the Law - 25th Edition 

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8.01 Applicability of the New York Convention

The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc., 665 F.3d 1091 (9th Cir. 2011)
Despite heavily regulated relations between the US and Iran, confirmation of a foreign arbitration award in favor of Ministry of War of Iran is not contrary to public policy because of the strong public policy in support of recognition of foreign arbitration awards and because the Iranian Assets Control Regulations does not prohibit payment or confirmation of award.

Cubic Defense Systems, Inc. (“Cubic”), a US corporation, contracted with the Ministry of War of the government of Iran (“Ministry”) for sale and service of an air combat maneuvering range for use by Iran’s military in 1977. The Iranian Revolution led to nonperformance of the contract and the parties agreed in 1979 that the contract would be discontinued and that Cubic would try to resell the equipment, with a later settlement of the accounts. In 1991, the Ministry filed a request for arbitration before the International Court of Arbitration of the International Chamber of Commerce (ICC).

Table of Contents: 
International Arbitration 8.01 Applicability of the New York Convention The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc., 665 F.3d 1091 (9th Cir. 2011) Safety Nat’l Casualty Corp v. Certain Underwriters at Lloyd’s, London, 587 F.3d 714 (5th Cir. 2009) Rogers v. Royal Caribbean Cruise Line, 547 F.3d 1148 (9th Cir. 2008) 8.02 Enforcement of the Arbitration Agreement Schneider v. Kingdom of Thailand, 688 F.3d 68 (2d Cir. 2012) Republic of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012) Lindo v. NCL (Bahamas), Ltd., 652 F.3d 1257 (11th Cir. 2011) Answers in Genesis v. Creation Ministries Int’l, Ltd., 556 F.3d 459 (6th Cir. 2009) Thomas v. Carnival Corp., 573 F.3d 1113 (11th Cir. 2009). Cont'l Transfert Technique Ltd. v. Fed. Gov't of Nigeria, 850 F. Supp. 2d 277, (D.D.C. 2012) Cont'l Transfert Technique Limited v. Federal Government of Nigeria, 800 F.Supp.2d 161, (D.D.C. 2011) Constellation Energy Commodities Group Inc. v. Transfield ER Cape Ltd, 801 F. Supp. 2d 211 (S.D.N.Y. 2011) 8.03 Removal under 9 U.S.C. § 205 Infuturia Global Ltd. v. Sequus Pharmaceuticals, Inc., 631 F.3d 1133 (9th Cir. 2011) Kobel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Trust, 863 F. Supp. 2d 351 (S.D.N.Y. 2012) Simmons v. Sabine River Authority of Louisiana, 823 F.Supp.2d 420 (W.D. La. 2011) Ruiz v. Carnival Corp., 754 F.Supp.2d 1328 (S.D. Fla. 2010) 8.04 Waiver of Removal Rights Relating to the New York Convention Ario v. Underwriting Members of Syndicate 53 at Lloyds for the 1998 Year of Account, 618 F.3d 277 (3d Cir. 2010) ENSCO Int’l, Inc. v. Certain Underwriters at Lloyd’s, 579 F.3d 442 (5th Cir. 2009) 8.05 Court Assisted Evidence Gatherings under 28 U.S.C. § 1782 In re Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc., 685 F.3d 987 (11th Cir. 2012) El Paso Corp. v. La Comision Ejecutiva Hidroelectricia del Rio Lempa, 341 Fed. Appx. 31 (5th Cir. Aug. 6, 2009) In Re Application of Mesa Power Grp., L.L.C., 878 F. Supp. 2d 1296 (S.D. Fla. 2012) In re Chevron Corp., 753 F. Supp. 2d 536, 537 (D. Md. 2010) In re Application of Chevron Corp., 762 F. Supp. 2d 242 (D. Mass. 2010) 8.06 Injunctions against Arbitration Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30 (2d Cir. 2010) 8.07 Procedural Barriers against Enforcement of Foreign Arbitral Awards GSS Group Ltd v. Nat'l Port Auth., 680 F.3d 805 (D.C. Cir. 2012) Figueiredo Ferraz E Engenharia de Projeto Ltda. V. Republic of Peru, 665 F.3d 384 (2d Cir. 2011) Frontera Resources Azerbaijan Corp. v. State Oil Co. of Azerbaijan Republic, 582 F.3d 393 (2d Cir. 2009) 8.08 Enforcement of Foreign Awards Vacated at the Seat of Arbitration Termorio S.A. E.S.P. v. Electranta S.P., 487 F.3d 928 (D.C. Cir. 2007)