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US Court of Appeals rules District Courts may enforce compliance with arbitral summonses under the New York Convention

Photo by Colin Lloyd / Unsplash

Does an action to enforce an arbitral summons issued by an arbitrator in an ongoing international arbitration fall within the New York Convention’s scope?

Do the Federal Arbitration Act’s venue provisions supplant other venue rules?

The United States Court of Appeals for the Ninth Circuit answered these questions on 1 August 2022 in Jones Day v. Orrick, Herrington & Sutcliffe, LLP; Michael D. Torpey; Mitchell Zuklie when Judges Kim McLane Wardlaw, Sandra S. Ikuta, and Bridget S. Bade found that the District Court erred in dismissing Petitioner Jones Day’s requests to compel compliance with arbitral summonses on venue grounds.

In doing so, the Court of Appeal ruled the Northern District of California should have granted the petitions to enforce the summonses, after concluding that:

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