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Case Citations 1 (July 2017 through April 2018)

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            THE U.S. LAW OF INTERNATIONAL

              COMMERCIAL AND INVESTMENT

                                 ARBITRATION


                                     (DRAFTS)





                            CHAPTER 1.   GENERAL PROVISIONS

                                   TOPIC  1. DEFINITIONS

  § 1-1. Definitions

  D.D.C.2016. Cit. in case quot. in sup. (citing § 1-1 of T.D. No. 2, 2012). Company brought a petition
  under the Foreign Sovereign Immunities Act to confirm an arbitration award issued in Ivory Coast
  against the Republic of Niger due to its unilateral cancellation of a contract whereby plaintiff had agreed
  to produce a million biometric and electronic passports. This court granted plaintiff's motion for a
  default judgment and confirmed the arbitral award, holding that it had jurisdiction, defendant was
  properly served, and there were no grounds for denying the confirmation of the arbitral award. Citing
  Restatement of U.S. Law of International Commercial and Investment Arbitration § 1-1 (T.D. No. 2,
  2012), the court explained that, under the New York Convention, the term commercial referred to
  matters or relationships, whether contractual or not, that arose out of or in connection with commerce.
  Africard Co. Ltd. v. Republic of Niger, 210 F.Supp.3d 119, 124.

  D.D.C.2016. Quot. in case quot. in disc. (quoting § 1-1 of T.D. No. 2, 2012). Investors in businesses that
  sought to explore and develop oil and gas fields located in Kazakhstan brought a petition under the
  Federal Arbitration Act to confirm their foreign-arbitration award against the Republic of Kazakhstan
  related to allegations that it violated the Energy Charter Treaty. While staying the action pending
  resolution of a challenge to set aside the arbitral award, this court concluded that it had subject-matter
  jurisdiction under the Federal Arbitration Act, because, among other things, the subject matter of the
  arbitration was commercial. The court cited Restatement of U.S. Law of International Commercial
  and Investment Arbitration § 1-1 (T.D. No. 2, 2012), in noting that the fact that an agreement to arbitrate
  was in a contract between a government and a private person could confirm its commercial character.
  Stati v. Republic of Kazakhstan, 199 F.Supp.3d 179, 187.



                             CHAPTER 4.   POST-AWARD RELIEF

                      TOPIC   2. GROUNDS   FOR  POST-AWARD RELIEF




A L  I ,    For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.