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GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC

Docket No.18-1048
Op. Below11th Cir.
ArgumentJan 21, 2020

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 Clarence Thomas on Jun 1, 2020. Justice Sotomayor filed a concurring opinion.

Proceedings & orders timeline

Feb 7, 2019
Petition for a writ of certiorari filed. (Response due March 13, 2019)
Feb 27, 2019
Waiver of right of respondents Outokumpu Stainless USA, LLC, et al. to respond filed.
Mar 8, 2019
Blanket Consent filed by Respondent, Outokumpu Stainless USA, LLC
Mar 13, 2019
Waiver of right of respondents Sompo Japan Insurance Company of America, et al. to respond filed.
Mar 13, 2019
Brief amicus curiae of The National Association of Manufacturers filed.
Mar 20, 2019
DISTRIBUTED for Conference of 4/12/2019.
Mar 28, 2019
Response Requested. (Due April 29, 2019)
Apr 11, 2019
Motion to extend the time to file a response from April 29, 2019 to May 21, 2019, submitted to The Clerk.
Apr 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.
May 21, 2019
Brief of Outokumpu Stainless USA, LLC in opposition not accepted for filing. (May 30, 2019)(Corrected version submitted)
May 21, 2019
Brief of respondents Outokumpu Stainless USA, LLC, et al. in opposition filed.(5/30/2019)
Jun 4, 2019
DISTRIBUTED for Conference of 6/20/2019.
Jun 4, 2019
Reply of petitioner GE Energy Power Conversion France SAS, Corp. filed. (Distributed)
Jun 26, 2019
DISTRIBUTED for Conference of 6/27/2019.
Jun 28, 2019
Petition GRANTED.
Jul 17, 2019
Joint motion for an extension of time within which to file the briefs on the merits filed.
Jul 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.
Sep 17, 2019
Brief of petitioner GE Energy Power Conversion France SAS, Corp. filed.
Sep 17, 2019
Joint appendix filed. (Statement of costs filed)
Sep 24, 2019
Brief amicus curiae of United States filed.
Sep 24, 2019
Brief amicus curiae of The North America Branch of the Chartered Institute of Arbitrators filed.
Sep 24, 2019
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Sep 24, 2019
Brief amicus curiae of The National Association of Manufacturers filed.
Sep 24, 2019
Brief amicus curiae of Public Justice in support of neither party filed.
Sep 24, 2019
Brief amici curiae of Professor George A. Bermann, et al. filed.
Sep 24, 2019
Brief amicus curiae of the Miami International Arbitration Society filed.
Nov 8, 2019
SET FOR ARGUMENT on Tuesday, January 21, 2020.
Nov 22, 2019
Brief of respondents Outokumpu Stainless USA, LLC, et al. filed.
Nov 26, 2019
CIRCULATED
Nov 26, 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 26, 2019
Brief amici curiae of Professors Benjamin G. Davis, et. al. filed. (Distributed)
Nov 26, 2019
Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Dec 3, 2019
Record requested from the U.S.C.A. 1th Circuit.
Dec 5, 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.
Dec 9, 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 11, 2019
The record received from the U.S.C.A. 11th Circuit is electronic and located on PACER, this record is complete.
Dec 23, 2019
Letter pursuant to Supreme Court Rule 29.6 re Amendments to the Corporate Disclosure Statements filed. (Distributed)
Dec 23, 2019
Reply of petitioner GE Energy Power Conversion France SAS, Corp. filed. (Distributed)
Jan 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.
Jun 1, 2020
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
Jul 6, 2020
JUDGMENT ISSUED.

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