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Trans Chemical Ltd. v. China Nat'l Machinery

United States Court of Appeals, Fifth Circuit
Dec 8, 1998
161 F.3d 314 (5th Cir. 1998)
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adopting the relevant part of the district court's opinion in In re Arbitration Between: Trans Chem. Ltd. China Nat'l Mach. Imp. Exp. Corp., 978 F. Supp. 266 (S.D. Tex. 1997)

Summary of this case from Fullmer v. Brown
See 7 Summaries

Opinion

No. 97-20695.

December 8, 1998.

Ronald D. Secrest, Eric J.R. Nichols, Beck, Redden Secrest, Houston, TX, for Plaintiff-Appellee.

Edward J. Murphy, William Bruce Stanfill, Mark William Moran, Beirne, Maynard Parsons, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas.

Before KING, JOLLY, and JONES, Circuit Judges.

PER CURIAM.

China National Machinery Import and Export Corporation (CMC) appeals the district court's confirmation of an arbitral award rendered against it. We affirm.

On appeal, CMC raises four issues: (1) Is CMC, a Chinese corporation, an "agent or instrumentality of a foreign state" under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1603, such that the district court had subject matter jurisdiction to confirm the arbitral award rendered against CMC, 28 U.S.C. § 1330? (2) Was the arbitral award "not considered as domestic . . . in the State where [its] recognition and enforcement are sought" such that the district court could enforce it pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, 21 U.S.T. 2517 (1970), reprinted in 9 U.S.C. § 201? (3) Did the contract between CMC and TCL involve "commerce" such that the district court could enforce the arbitration award pursuant to the Federal Arbitration Act, 9 U.S.C. § 2? (4) Did the district court err in refusing to vacate the award under the Federal Arbitration Act, 9 U.S.C. § 10(a)(1)?

We agree with the district court's analysis of these issues and therefore adopt Parts I-V of its careful and comprehensive opinion, In re Arbitration Between: Trans Chemical Ltd. China National Machinery Import Export Corp., 978 F. Supp. 266 (S.D. Tex. 1997). The judgment of the district court is AFFIRMED.

We do not, of course, imply that the other portions of the opinion are in any way erroneous.

Summaries of

Trans Chemical Ltd. v. China Nat'l Machinery

United States Court of Appeals, Fifth Circuit
Dec 8, 1998
161 F.3d 314 (5th Cir. 1998)

adopting the relevant part of the district court's opinion in In re Arbitration Between: Trans Chem. Ltd. China Nat'l Mach. Imp. Exp. Corp., 978 F. Supp. 266 (S.D. Tex. 1997)

Summary of this case from Fullmer v. Brown

adopting underlying opinion of the district court, including relevant point of law at 978 F. Supp. 266, 298 (S.D. Tex. 1997)

Summary of this case from Harbour v. Peters

adopting the district court's decision at 978 F. Supp. 266 (S.D.Tex. 1997), in which the district court construed the question to be "whether the arbitration proceedings were `fundamentally fair,'" but evaluated fundamental fairness solely on the basis of the statutory grounds, because the district court observed that "[j]udicial review of arbitrators' decisions is `extraordinarily narrow' under the FAA; it is limited to the statutory exceptions enumerated in the FAA." 978 F. Supp. at 303

Summary of this case from Hoffman v. Cargill, Inc.

adopting the district court's decision, which stated the standard as be "whether the arbitration proceedings were "fundamentally fair,'" 978 F. Supp. at 303

Summary of this case from Hoffman v. Cargill, Inc.

adopting the district court's decision, which stated the standard as be "whether the arbitration proceedings were `fundamentally fair,'" 978 F. Supp. at 303

Summary of this case from Hoffman v. Cargill, Inc.

adopting the analysis of In re Arbitration Between Trans Chemical Ltd. & China National Machinery Import & Export Corporation, 978 F.Supp. 266, 304 (S.D.Tex.1997); Gingiss International, Inc. v. Bormet, 58 F.3d 328, 333 (7th Cir.1995)

Summary of this case from Good Times Stores, Inc. v. Macias

confirming arbitral award in favor of Pakistani corporation and against Chinese corporation regarding construction of a plant in Pakistan, a non-signatory

Summary of this case from Smith/Enron Cogeneration Ltd. P'ship, Inc. v. Smith Cogeneration Int'l, Inc.
Case details for

Trans Chemical Ltd. v. China Nat'l Machinery

Case Details

Full title:TRANS CHEMICAL LIMITED; ET AL, PLAINTIFFS, TRANS CHEMICAL LIMITED…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 8, 1998

Citations

161 F.3d 314 (5th Cir. 1998)

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