Law360 reported on the four top arbitration cases the legal publication is monitoring in 2020. Included in the roundup, the U.S. Supreme Court will likely rule on the enforceability of arbitration agreements.
The Court will consider this term whether the common law doctrine of equitable estoppel can be used by non-signatories to an international arbitration agreement to compel arbitration under the New York Convention and Chapter 2 of the Federal Arbitration Act.
“From our perspective — for the folks that live and work in this industry — it's a narrow issue, but it's a very important issue because it goes to the heart of international arbitration, and the role of the Eleventh Circuit and ultimately the U.S. in the recognition of international arbitral agreements,” said Carlos F. Concepción, chair of both Shook's Global Arbitration Practice practice and the Miami International Arbitration Society, which submitted an amicus brief to the high court in the case.
The case is GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC, No. 18-1048. The Court has not yet set the matter for oral argument.
Concepción also weighed in on the Top International Arbitration decisions of 2019 which included an Eleventh Circuit ruling on nondomestic awards.
“The issue isn't settled,” said Concepción. “The U.S. Supreme Court will eventually take this up again.”