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Soaring Wind Energy, LLC v. Catic United States, Inc.

333 F. Supp. 3d 642 (2018)

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Soaring Wind Energy, LLC v. Catic United States, Inc.

United States District Court for the Northern District of Texas
333 F. Supp. 3d 642 (2018)

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Facts

AVIC USA (AVIC) (plaintiff) had a dispute with TEG (defendant) that was to be settled in arbitration according to their arbitration agreement. After the arbitration panel rendered its award, AVIC moved to vacate the award on grounds the arbitration panel was not selected in accordance with the method provided in the arbitration agreement, that the panel was dominated by TEG appointees, and that the arbitration provision required a panel of three arbitrators: one arbiter per side plus a third arbitrator as a tiebreaker. AVIC also contended that the panel-selection provision was misinterpreted because non-signatories to the arbitration agreement were not allowed to select arbitrators. These, according to AVIC, were violations of the arbitration agreement necessitating vacatur of the arbitrator’s award. AVIC argued that refusal to vacate the award issued by the panel it claimed was improperly composed would cause an “absurd and fundamentally unjust result.”

Rule of Law

Issue

Holding and Reasoning (Kinkeade, J.)

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