United States Court of Appeals for the Second CircuitArbitrabilityDe novo reviewOlin Holdings Ltd. V. State of Libya22-825-cvJudges Calabresi, Lohier, and KahnBackground: The respondent appealed from a judgment that confirmed an arbitration award under a bilateral investment treaty between Libya and the Republic of Cyprus and denying Libya’s cross-motion to dismiss on forum non conveniens grounds. On appeal, the respondent argues that it was error to decline to independently review the arbitrability of the petitioner’s claims before confirming the final award. Ruling: The Second Circuit affirmed. The court held that the respondent was not entitled to de novo review of the arbitral tribunal’s decision because it clearly and unmistakably agreed to submit questions of arbitrability to the arbitrators in the first instance. Kevin A. Meehan, of Curtis, Mallet-Prevost, Colt & Mosle, for the respondent-appellant; James E. Berger and John C. Canoni, of DLA Piper, for the petitioner-appellee.

Source: Libya Today August 02, 2023 12:11 UTC