Second Circuit Amicus Brief in Support of Motion for Rehearing in CBF Indústria de Gusa S/A et al. v. AMCI Holdings, Inc.

SUMMARY

The International Commercial Disputes Committee and the Arbitration Committee filed an amicus brief in support of a motion for rehearing, which would permit the Court to clarify or correct its reasoning in CBF Indústria de Gusa S/A et al. v. AMCI Holdings, Inc., 846 F.3d 35 (2017), insofar as that reasoning appears to suggest that the extent to which a valid New York Convention award may be enforced against a person or entity that was not party to the arbitration or named in the award turns on the scope of the arbitration agreement.  In the brief, the Committees argue that an award is like a court judgment with its own legal significance.  Thus, the effectiveness or ineffectiveness of an award against third parties does not depend on the intended scope of the arbitration agreement.  Any ruling that suggests otherwise threatens to create confusion and impede legitimate award enforcement in what may be the United States’ most significant enforcement jurisdiction.