GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-1048 | 11th Cir. | Jan 21, 2020 | Jun 1, 2020 | 9-0 | Thomas | OT 2019 |
Holding: The Convention on the Recognition and Enforcement of Foreign Arbitral Awards does not conflict with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories to those agreements.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 1, 2020. Justice Sotomayor filed a concurring opinion.
SCOTUSblog Coverage
- Opinion analysis: Justices reject limitations on enforcement of arbitration agreements by nonsignatory businesses (Ronald Mann, June 2, 2020)
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 1, 2020)
- Argument analysis: Justices debate ability of business that did not sign arbitration agreement to compel arbitration (Ronald Mann, January 22, 2020)
- Argument preview: Justices to mull use of equitable estoppel to compel arbitration between parties in international commercial dispute (Ronald Mann, January 14, 2020)
- Court releases January calendar (Amy Howe, November 8, 2019)
- Petitions of the week (Aurora Barnes, April 12, 2019)
| Date | Proceedings and Orders |
|---|---|
| 02/07/2019 | Petition for a writ of certiorari filed. (Response due March 13, 2019) |
| 02/27/2019 | Waiver of right of respondents Outokumpu Stainless USA, LLC, et al. to respond filed. |
| 03/08/2019 | Blanket Consent filed by Respondent, Outokumpu Stainless USA, LLC |
| 03/13/2019 | Waiver of right of respondents Sompo Japan Insurance Company of America, et al. to respond filed. |
| 03/13/2019 | Brief amicus curiae of The National Association of Manufacturers filed. |
| 03/20/2019 | DISTRIBUTED for Conference of 4/12/2019. |
| 03/28/2019 | Response Requested. (Due April 29, 2019) |
| 04/11/2019 | Motion to extend the time to file a response from April 29, 2019 to May 21, 2019, submitted to The Clerk. |
| 04/15/2019 | Motion to extend the time to file a response is granted and the time is extended for all respondents to and including May 21, 2019. |
| 05/21/2019 | Brief of Outokumpu Stainless USA, LLC in opposition not accepted for filing. (May 30, 2019)(Corrected version submitted) |
| 05/21/2019 | Brief of respondents Outokumpu Stainless USA, LLC, et al. in opposition filed.(5/30/2019) |
| 06/04/2019 | DISTRIBUTED for Conference of 6/20/2019. |
| 06/04/2019 | Reply of petitioner GE Energy Power Conversion France SAS, Corp. filed. (Distributed) |
| 06/26/2019 | DISTRIBUTED for Conference of 6/27/2019. |
| 06/28/2019 | Petition GRANTED. |
| 07/17/2019 | Joint motion for an extension of time within which to file the briefs on the merits filed. |
| 07/19/2019 | Joint motion for an extension of time within which to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2019. The time to file respondents' briefs on the merits is extended to and including November 22, 2019. |
| 09/17/2019 | Brief of petitioner GE Energy Power Conversion France SAS, Corp. filed. |
| 09/17/2019 | Joint appendix filed. (Statement of costs filed) |
| 09/24/2019 | Brief amicus curiae of United States filed. |
| 09/24/2019 | Brief amicus curiae of The North America Branch of the Chartered Institute of Arbitrators filed. |
| 09/24/2019 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 09/24/2019 | Brief amicus curiae of The National Association of Manufacturers filed. |
| 09/24/2019 | Brief amicus curiae of Public Justice in support of neither party filed. |
| 09/24/2019 | Brief amici curiae of Professor George A. Bermann, et al. filed. |
| 09/24/2019 | Brief amicus curiae of the Miami International Arbitration Society filed. |
| 11/08/2019 | SET FOR ARGUMENT on Tuesday, January 21, 2020. |
| 11/22/2019 | Brief of respondents Outokumpu Stainless USA, LLC, et al. filed. |
| 11/26/2019 | CIRCULATED |
| 11/26/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 11/26/2019 | Brief amici curiae of Professors Benjamin G. Davis, et. al. filed. (Distributed) |
| 11/26/2019 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| 12/03/2019 | Record requested from the U.S.C.A. 1th Circuit. |
| 12/05/2019 | Record received from the U.S.D.C. Southern District of Alabama. The record is electronic and located on PACER with the exception of some SEALED documents that's electronic. |
| 12/09/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 12/11/2019 | The record received from the U.S.C.A. 11th Circuit is electronic and located on PACER, this record is complete. |
| 12/23/2019 | Letter pursuant to Supreme Court Rule 29.6 re Amendments to the Corporate Disclosure Statements filed. (Distributed) |
| 12/23/2019 | Reply of petitioner GE Energy Power Conversion France SAS, Corp. filed. (Distributed) |
| 01/21/2020 | Argued. For petitioner: Shay Dvoretzky, Washington, D. C.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jonathan D. Hacker, Washington, D. C. |
| 06/01/2020 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion. |
| 07/06/2020 | JUDGMENT ISSUED. |