Carlos Concepción, Partner and Chair of Shook’s Global Arbitration Practice Group, and Of Counsel Giovanni Angles have filed an amicus curiae brief with the U.S. Supreme Court on behalf of the Miami International Arbitration Society (MIAS) in a case raising an important jurisdictional issue in the world of international arbitration. 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.
In the brief, MIAS argues that the answer to this question is “yes,” based on the applicable law and because a ruling affirming the holding of the Eleventh Circuit would impede the efficiency and reliability of international arbitration agreements and arbitral awards.
It is noteworthy that the position taken in the brief is supported by other amici filers, including the Office of the U.S. Solicitor General, the National Association of Manufacturers, the Chartered Institute of Arbitrators (North America Branch), the Chamber of Commerce of the United States of America, and leading international arbitration law professors.
Concepción concentrates his practice in the areas of financial services, design and construction, telecommunications and transnational disputes involving parties from multiple jurisdictions. He has substantial experience with multilingual and multicultural teams, which provides a strategic advantage in dealing with parties and evidence from different legal systems, especially in Latin America and the Caribbean. Angles focuses his practice on international arbitration and complex business litigation. He represents individuals, corporations and sovereign governments in international commercial and investment treaty arbitrations under the major arbitration rules.
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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.