Court Decisions

The court decisions available on this website interpret and apply the New York Convention. These court decisions are in most cases published in the Yearbook Commercial Arbitration since its Volume I (1976). 

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The court decisions available on this website interpret and apply the New York Convention.

  1. Most decisions are reported in the Yearbook Commercial Arbitration, published by ICCA since 1976, and are numbered as in the Yearbook (e.g., US no. 954).

  2. Other decisions are indicated by country, date, and a short name (e.g., UK 18 June 2020 Alexander Brothers).

Court decisions can be searched by country and by topic.

Court Decisions

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  • 2023 United States
    Excerpt Topics
    UNITED STATES 14 September 2023 DAK Property

    United States District Court, Middle District of Florida, Fort Myers Division, 14 September 2023, Case Nos.: 2:23-cv-417-SPC-KCD; 2:23-cv-497-SPC-KCD (DAK Property Holdings, Inc. v. Independent Specialty Insurance Company and Certain Underwriters at Lloyd’s London, Subscribing to Certificate Number B604510568622021)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

     Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 1070

    United States District Court, Middle District of Florida, Tampa Division, 31 August 2023, Case No. 8:22-cv-2158-TPB-CPT

    (United States of America v. Water Quality Insurance Syndicate v. The United Kingdom Mutual Steam Ship Assurance Association Limited)

    201

    The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

     Scope of arbitration agreement
    214-216 Field of application
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

     Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 18 August 2023 Evergreen Associates

    United States District Court, Eastern District of Louisiana, 18 August 2023, CIVIL ACTION NO. 23-1689 SECTION: “E” (1)

    (Evergreen Associates, Inc. Evergreen Lions Club v. Independent Specialty Insurance Company And Certain Underwriters At Lloyd’s London Subscribing To Binding Authority UMR B604510568622021)

    214-216 Field of application
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
    UNITED STATES 1069

    United States District Court, Eastern District of Virginia, Newport News Division, 15 August 2023, Case No. 4:23cv56

    (Keller North America, Inc. and Hampton Roads Connector Partners v. Certain Underwriters at Lloyd’s OP London and SCOR UK Company Limited)

    214-216 Field of application
    217

    The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

     Referral to arbitration in general
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

     Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 2 August 2023 DAK Property

    United States District Court, Middle District of Florida, Fort Myers Division, 2 August 2023, Case No.: 2:23-cv-497-SPC-KCD

    (DAK Property Holdings, Inc. v. Independent Specialty Insurance Company and Certain Underwriters at Lloyd’s London, Subscribing to Certificate Number B604510568622021)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

     Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 31 July 2023 DAK Property

    United States District Court, Middle District of Florida, Fort Myers Division, 31 July, Case No.: 2:23-cv-417-SPC-KCD (DAK Property Holdings, Inc. v. Independent Specialty Insurance Company and Certain Underwriters at Lloyd’s London, Subscribing to Certificate Number B604510568622021)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

     Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 26 July 2023 Maxwell Heirsch

    United States District Court, Eastern District of Louisiana, 26 July 2023, CIVIL ACTION NO. 23-495 SECTION M (2)

    (Maxwell Heirsch, Inc. d/b/a Visiting Angels v. Velocity Risk Underwriters, LLC, et al.)

    214-216 Field of application
    UNITED STATES 28 June 2023 Thumbs Up Race Six

    United States District Court, Eastern District of Louisiana, 28 June 2023, CIVIL ACTION NO. 22-2671 SECTION M (4)

    (Thumbs Up Race Six, LLC v. Independent Specialty Insurance Company, et al.)

    214-216 Field of application
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

     Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 6 June 2023 Harvey

    United States District Court, Eastern District of Louisiana, 6 June 2023, CIVIL ACTION NO: 22-4049 SECTION: “H”

    (Robert Harvey et al. v. Certain Underwriters At Lloyd’s, London et al.)

    214-216 Field of application
    UNITED STATES 5 June 2023 Fujitsu Semiconductor

    United States District Court, Northern District of California, San Jose Division, 5 June 2023, Case No. 22-mc-80313-VKD

    (Fujitsu Semiconductor Limited v. Cypress Semiconductor Corporation)

    214-216 Field of application
    222

    The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

     Arbitrator's competence and separability of the arbitration clause
    UNITED STATES 15 May 2023 TT International

    United States District Court, Middle District of Florida, Tampa Division, 15 May 2023, Case No. 8:22-cv-1876-WFJ-JSS

    (T.T. International Co., Ltd. BMP International, Inc.; BMP USA, Inc.; IGAS USA, Inc.; and IGAS Holdings, Inc.)

    214-216 Field of application
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

     Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 14 April 2023 Goux Enterprises

    United States District Court, Eastern District of Louisiana, 14 April 2023, CIVIL ACTION NO. 22-4330 SECTION “R” (1)

    (Goux Enterprises, et al. v. Indian Harbor Insurance Company, et al.)

     

    205

    The court discusses the first alternative requirement of Art. II(2) that the arbitral award is “signed by the parties”.

    Signatures
    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

     Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 5 April 2023 Arbors on the Lake

    United States District Court, Eastern District of Louisiana, 5 April 2023, CIVIL ACTION NO: 23-192 SECTION: T(4)

    (Arbors on the Lake 2018, LLC, by and Through, Attorney-In-Fact, Prime Roofing and Restoration, Inc. v. Certain Underwriters At Lloyd’s, London)

    214-216 Field of application
    UNITED STATES 4 April 2023 6600 Plaza Square

    United States District Court, Middle District of Louisiana, 4 April 2023, CIVIL ACTION NO. 22-00647-BAJ-SDJ

    (6600 Plaza Square, LLC v. Certain Underwriters At Lloyd’s London, et al.)

     

     

    214-216 Field of application
    UNITED STATES 31 March 2023 Elio Eliseo Hodgson Cunningham

    United States District Court, Southern District of Florida, 31 March 2023, CASE NO. 22-CV-23621-SEITZ

    (Elio Eliseo Hodgson Cunningham v. Celebrity Cruises, Inc.)

    214-216 Field of application
    UNITED STATES 21 March 2023 Stor-All

    United States District Court, Eastern District of Louisiana, 21 March 2023, CIVIL ACTION No. 23-334 SECTION I

    (Stor-All Gentilly Woods, LLC v. Indian Harbor Insurance Co., et al.)

    214-216 Field of application
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

     Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 1065

    United States District Court, Northern District of Georgia, Atlanta Division, 17 March 2023, Civil Action No. 1:21-cv-04751-VMC

    (Various Insurers, Reinsurers And Retrocessionaires Subscribing to Policy Numbers 106/IN/230/0/0, 28807G19, B080130181G19 B080131297G19, B080127577G19, B080130231G19, B080130291G19, B080130328G19, B080128807G19 and B080130331G19 DBD as subrogee of Shariket Kahraba Hadjret En Nouss v. General Electric International, Inc., General Electric Company, GE Power Services Engineering, GE Power, and Various John Doe Corporations)

    214-216 Field of application
    222

    The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

     Arbitrator's competence and separability of the arbitration clause
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

     Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 1 March 2023 Antoine’s Restaurant

    United States District Court, Eastern District of Louisiana, 1 March 2023, CIVIL ACTION NO. 23-229 SECTION: D (4)

    (Antoine’s Restaurant, LLC v. Certain Underwriters at Lloyd’s, London, et al.)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

     Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 23 February 2023 Bopp

    United States District Court, Eastern District of Louisiana, 23 February 2023, CIVIL ACTION NO. 23-18 SECTION M (4)

    (Patricia S. Bopp, et al. v. Independent Specialty Insurance Company, et al.)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

     Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

     Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 13 February 2023 Phoenix East II

    United States District Court, Southern District of Alabama, Southern Division, 13 February 2023, CIVIL ACTION NO. 22-00436-CG-N

    (Phoenix East II Association, Inc. v. Certain Underwriters at Lloyd’s, et al.)

    214-216 Field of application
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
    UNITED STATES 9 February 2023 Coastal Cargo

    United States District Court, Eastern District of Louisiana, 9 February 2023, CIVIL ACTION NO. 22-4622 SECTION “L”, MAG “4”

    (Coastal Cargo Company, LLC v. Tenaris Global Services (Canada) Inc.)

    206

    The court discusses the second alternative requirement of Art. II(2) that the arbitration agreement is “contained in an exchange of letters or telegrams”.

    Exchange of letters or telegrams
    214-216 Field of application
    UNITED STATES 3 February 2023 3501 N. Causeway Associates

    United States District Court, Eastern District of Louisiana, 3 February 2023, CIVIL ACTION NO. 22-3787 SECTION: ”J”(2)

    (3501 N. Causeway Associates, LLC, et al. v. Certain Underwriters at Lloyd’s, London, et al.)

    214-216 Field of application
    223

    The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

     Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
    UNITED STATES 31 January 2023 Parish of St Charles

    United States District Court, Eastern District of Louisiana, 31 January 2023, CIVIL ACTION NO. 22-3404 SECTION M (5); 22-3405; 22-3407; 22-3408; 22-3411; 22-3412; 22-3413; 22-3414; 22-3415; 22-3416; 22-3417

    (Parish of St. Charles v. HDI Global Specialty SE, et al.)

    214-216 Field of application
    226

    Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

     Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
    UNITED STATES 25 January 2023 Olsen Securities

    United States District Court, Eastern District of Louisiana, 25 January 2023, CIVIL ACTION NO. 22-3120 SECTION: "G"(1)

    (Olsen Securities Corp., et al. v. Certain Underwriters at Lloyd’s London, et al.)

     

    214-216 Field of application
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.
    UNITED STATES 18 January 2023 Academy of the Sacred Heart

    United States District Court, Eastern District of Louisiana, 18 January 2023, CIVIL ACTION NO. 22-4401 SECTION I(Academy of the Sacred Heart of New Orleans v. Certain Underwriters At Lloyd’s London, et al.)

    214-216 Field of application
    220

    The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

     "Null and void", etc.