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GE Energy Power Conversion France SAS, Corp., fka Converteam SAS v. Outokumpu Stainless USA, LLC, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-10944 · judgment August 30, 2018

Decided · June 1, 2020
Pre-decision estimate: 10% cert probability (95% interval 6%–15%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eleventh Circuit decision below, and down for a business respondent.

Question presented

Whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") permits a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel.

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
Jonathan D. Hacker
O'Melveny & Myers LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 9 merits
(7 supporting pet./neither, 2 respondent)

Argument & decision

Argued January 21, 2020 — Shay Dvoretzky · Jonathan D. Hacker. Audio and transcript

Decided June 1, 2020. Opinion by Thomas.

Proceedings

  1. Jul 06 2020
    JUDGMENT ISSUED.
  2. Jun 01 2020
    Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
  3. 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.
  4. Dec 23 2019
    Letter pursuant to Supreme Court Rule 29.6 re Amendments to the Corporate Disclosure Statements filed. (Distributed)
  5. Dec 23 2019
    Reply of petitioner GE Energy Power Conversion France SAS, Corp. filed. (Distributed)
  6. Dec 11 2019
    The record received from the U.S.C.A. 11th Circuit is electronic and located on PACER, this record is complete.
  7. Dec 09 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  8. Dec 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.
  9. Dec 03 2019
    Record requested from the U.S.C.A. 1th Circuit.
  10. Nov 26 2019
    CIRCULATED
  11. Nov 26 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  12. Nov 26 2019
    Brief amici curiae of Professors Benjamin G. Davis, et. al. filed. (Distributed)
  13. Nov 26 2019
    Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
  14. Nov 22 2019
    Brief of respondents Outokumpu Stainless USA, LLC, et al. filed.
  15. Nov 08 2019
    SET FOR ARGUMENT on Tuesday, January 21, 2020.
  16. Sep 24 2019
    Brief amicus curiae of United States filed.
  17. Sep 24 2019
    Brief amicus curiae of The North America Branch of the Chartered Institute of Arbitrators filed.
  18. Sep 24 2019
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  19. Sep 24 2019
    Brief amicus curiae of The National Association of Manufacturers filed.
  20. Sep 24 2019
    Brief amicus curiae of Public Justice in support of neither party filed.
  21. Sep 24 2019
    Brief amici curiae of Professor George A. Bermann, et al. filed.
  22. Sep 24 2019
    Brief amicus curiae of the Miami International Arbitration Society filed.
  23. Sep 17 2019
    Brief of petitioner GE Energy Power Conversion France SAS, Corp. filed.
  24. Sep 17 2019
    Joint appendix filed. (Statement of costs filed)
  25. 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.
  26. Jul 17 2019
    Joint motion for an extension of time within which to file the briefs on the merits filed.
  27. Jun 28 2019
    Petition GRANTED.
  28. Jun 26 2019
    DISTRIBUTED for Conference of 6/27/2019.
  29. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  30. Jun 04 2019
    Reply of petitioner GE Energy Power Conversion France SAS, Corp. filed. (Distributed)
  31. May 21 2019
    Brief of Outokumpu Stainless USA, LLC in opposition not accepted for filing. (May 30, 2019)(Corrected version submitted)
  32. May 21 2019
    Brief of respondents Outokumpu Stainless USA, LLC, et al. in opposition filed.(5/30/2019)
  33. 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.
  34. Apr 11 2019
    Motion to extend the time to file a response from April 29, 2019 to May 21, 2019, submitted to The Clerk.
  35. Mar 28 2019
    Response Requested. (Due April 29, 2019)
  36. Mar 20 2019
    DISTRIBUTED for Conference of 4/12/2019.
  37. Mar 13 2019
    Waiver of right of respondents Sompo Japan Insurance Company of America, et al. to respond filed.
  38. Mar 13 2019
    Brief amicus curiae of The National Association of Manufacturers filed.
  39. Mar 08 2019
    Blanket Consent filed by Respondent, Outokumpu Stainless USA, LLC
  40. Feb 27 2019
    Waiver of right of respondents Outokumpu Stainless USA, LLC, et al. to respond filed.
  41. Feb 07 2019
    Petition for a writ of certiorari filed. (Response due March 13, 2019)