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Refusal to Confirm an Arbitral Award Against Nonsignatory Government

Published online by Cambridge University Press:  10 March 2017

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Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 98 , Issue 1 , January 2004 , pp. 197 - 199
Copyright
Copyright © American Society of International Law 2004 

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References

1 See Bridas v. Turkmenistan, 345 F.3d 347, 351-52 (5th Cir. 2003).

2 9 U.S.C. §§1-307(2000).

3 See 345 F.3d at 352–53.

4 Id. at 356 (citation omitted).

5 Id. at 357.

6 Id. at 357-58.

7 210 F.3d 524, 526-28 (5th Cir. 2000).

8 345 F.3d at 360-61 (citations omitted) (footnote omitted). The court also rejected the “direct benefits” version of estoppel. In cases applying that doctrine, “the nonsignatory had brought suit against a signatory premised in part upon the agreement,” whereas here the government had not sued Bridas and had thus “not exploited the JVA to the degree that the cases that consider applying this version of estoppel require.” Id. at 362.

9 Id. at 363.

10 Id. at 360 n.11.