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Constelation Energy Commodities Group Inc. v. Transfield ER Cape Ltd. et al

MEMORANDUM OF LAW in Support re: 3 MOTION to Confirm Arbitration Award.. Document

9 Cited authorities

  1. Scherk v. Alberto-Culver Co.

    417 U.S. 506 (1974)   Cited 1,572 times   6 Legal Analyses
    Holding Securities Exchange Act claim arbitrable

  2. General Electric Co. v. Deutz AG

    270 F.3d 144 (3d Cir. 2001)   Cited 575 times   1 Legal Analyses
    Holding "communication by electronic facilities, rather than physical presence" can establish these relationships

  3. Yusuf Ahmed Alghanim Sons v. Toys "R" US

    126 F.3d 15 (2d Cir. 1997)   Cited 378 times   7 Legal Analyses
    Holding that the FAA's domestic grounds for vacatur apply to non-domestic arbitral awards rendered in the United States

  4. Frontera Resources v. State Oil

    582 F.3d 393 (2d Cir. 2009)   Cited 168 times   2 Legal Analyses
    Holding that the "district court did not err by treating jurisdiction over either [the defendant] or [the defendant's] property as a prerequisite to the enforcement of [the plaintiff's] petition."

  5. China Minmetals Materials Import & Export Co. v. Chi Mei Corp.

    334 F.3d 274 (3d Cir. 2003)   Cited 108 times   1 Legal Analyses
    Holding that under either federal or state law, a party "did not waive its objection to [the arbitrator's] jurisdiction inasmuch as it participated in the arbitration primarily to argue the forgery/jurisdiction issue and consistently objected to [the arbitrator's] jurisdiction throughout the proceedings."

  6. M & C Corp. v. Erwin Behr GmbH & Co.

    87 F.3d 844 (6th Cir. 1996)   Cited 94 times
    Holding that plaintiff "may not seek to vacate the arbitral award in the district court" of a secondary jurisdiction

  7. Admart AG v. Stephen & Mary Birch Foundation, Inc.

    457 F.3d 302 (3d Cir. 2006)   Cited 37 times
    Listing the seven grounds

  8. Section 207 - Award of arbitrators; confirmation; jurisdiction; proceeding

    9 U.S.C. § 207   Cited 620 times   10 Legal Analyses
    Authorizing petitions to confirm awards "as against any other party to the arbitration"

  9. Section 204 - Venue

    9 U.S.C. § 204   Cited 48 times
    Providing that an action pursuant to the Convention "may be brought in any such court in which save for the arbitration agreement an action or proceeding with respect to the controversy between the parties could be brought, or in such court for the district and division which embraces the place designated in the agreement as the place of arbitration if such place is within the United States"