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Shrinivas Sugandhalaya LLP v. Balkrishna Setty, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35573 · judgment June 6, 2019

GVR'd · June 8, 2020

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Does the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) permit a nonsignatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel or similar principles of applicable law?
Is a foreign defendant’s right to stay litigation under Section 3 of the Federal Arbitration Act (9 U.S.C. § 3) conditioned upon that defendant’s right to compel arbitration?

For petitioner
Brian William Esler
Miller Nash LLP

For respondent
Scott Samuel Brown
Mixon Firm, LLC

Conference history
Distributed for 2 conferences

Jul 10 2020
JUDGMENT ISSUED.
Jun 08 2020
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 590 U. S. ___ (2020).
Jun 01 2020
DISTRIBUTED for Conference of 6/4/2020.
Jan 08 2020
DISTRIBUTED for Conference of 1/24/2020.
Dec 23 2019
Brief of respondents Balkrishna Setty and Sugandhalaya LLP, et al. in opposition filed.
Dec 03 2019
Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2019.
Nov 27 2019
Motion to extend the time to file a response from December 16, 2019 to December 23, 2019, submitted to The Clerk.
Nov 12 2019
Petition for a writ of certiorari filed. (Response due December 16, 2019)