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Case Citations [1] (July 2021-April 2022)

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           THE U.S. LAW OF INTERNATIONAL

        COMMERCIAL AND INVESTOR-STATE

                     ARBITRATION (DRAFTS)



                          CHAPTER 1. GENERAL PROVISIONS

                                 TOPIC   1. DEFINITIONS

§ 1.1 Definitions

C.A.2, 2021. Quot. in case quot. in sup. (quoting § 1.1 of T.D. No. 2, 2012). Chinese companies
petitioned for review of a decision by New York arbitral tribunal, hosted by the Permanent Court of
Arbitration, alleging that the tribunal's award-in which it determined that a dispute between Mongolia
and Chinese companies concerning ownership of mining rights was not arbitrable-should be reviewed
de novo because the agreement between China and Mongolia concerning such disputes did not clearly
assign the question of arbitrability to the tribunal. The district court denied petitioners' petition. This
court affirmed, holding, inter alia, that the arbitration award did not result from an excess of arbitral
power such that vacatur was appropriate under the Federal Arbitration Act. Quoting Restatement of the
U.S. Law of International Commercial and Investor-State Arbitration § 1.1, the court explained that
U.S. law applied to the award, because the Permanent Court designated the United States as the juridical
home of the arbitration. Beijing Shougang Mining Inv. Co., Ltd. v. Mongolia, 11 F.4th 144, 159.


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