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Case Citations [i] (Spring 2026)

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                           THE AMERICAN


                             LAW INSTITUTE



                                   Spring 2026 Citations



           THE U.S. LAW OF INTERNATIONAL

        COMMERCIAL AND INVESTOR-STATE

                               ARBITRATION



Generally

C.A.2, 2025. Cit. generally in ftn., cit. generally in case cit. in ftn. Member of a failed joint venture in
medical-imaging technology initiated arbitration proceedings in Switzerland against venture and its
other members, seeking repayment of a loan and a declaration that it lawfully terminated the parties'
license agreement and was free to develop and market competing technologies. After the arbitral panel
issued awards in favor of plaintiff, the district court denied defendants' petition to vacate the awards and
dismissed for lack of subject-matter jurisdiction under the New York Convention (Convention). This
court affirmed on a different basis, holding that a petition to vacate a foreign arbitral award did not fall
under the Convention, and that the district court, as a secondary jurisdiction, lacked subject-matter
jurisdiction to vacate the awards. The court noted that the Convention applied to foreign awards as well
as certain nondomestic arbitral awards, which were also referred to as Bergensen awards or U.S.
Convention awards under the Restatement Third of the U.S. Law of International Commercial and
Investor-State Arbitration. Molecular Dynamics, Ltd. v. Spectrum Dynamics Medical Limited, 143
F.4th 70, 82.



                          CHAPTER 1.   GENERAL PROVISIONS

                                 TOPIC   1. DEFINITIONS

§ 1.1. Definitions

C.A.2, 2025. Quot. in sup. and in ftn., subsecs. (m) and (nn) cit. in ftn., com. (pp) quot. in ftn. Member
of a failed joint venture in medical-imaging technology initiated arbitration proceedings in Switzerland
against venture and its other members, seeking repayment of a loan and a declaration that it lawfully

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