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Waleed Khalid Abu Al-Waleed Al Hood Al-Qarqani, et al. v. Chevron Corporation, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-17074 · judgment August 12, 2021


Certiorari denied · June 21, 2022
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

  1. Whether Article III of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) requires U.S. district courts conferred with secondary jurisdiction to implement the procedural limitations for challenging the recognition and enforcement of domestic arbitral awards contained in Chapter 1 of the Federal Arbitration Act (“FAA”)?

  2. Whether the separability doctrine permits a U.S. district court from denying recognition and enforcement of a foreign arbitral award under Chapter 2 of the Federal Arbitration Act (the “FAA”) by applying domestic common law contractual defenses contained under Chapter 1 of the FAA?

  3. Whether remand of an appellate decision is proper when a federal circuit judge that was assigned to the appellate panel and that denied a motion for recusal under the Judiciary and Judicial Procedure Act, thereafter engaged in conduct indicating judicial misconduct and a lack of impartiality in violation of Canon 2 of the Code of Conduct for United States Judges?

Counsel of record

For petitioner
Edward Charles Chung
Chung, Malhas and Mantel, PLLC

For respondent
Thomas G. Hungar
Gibson, Dunn & Crutcher LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Aug 22 2022
    Rehearing DENIED.
  2. Jul 28 2022
    DISTRIBUTED.
  3. Jul 18 2022
  4. Jun 21 2022
    Petition DENIED.
  5. Jun 15 2022
    Letter of June 15, 2022 from counsel for petitioners received.
  6. May 31 2022
    DISTRIBUTED for Conference of 6/16/2022.
  7. May 31 2022
    Reply of petitioners Waleed Khalid Abu Al-Waleed Al Hood Al-Qarqani, et al. filed. (Distributed)
  8. May 16 2022
    Brief of respondents Chevron Corporation, et al. in opposition filed.
  9. Mar 21 2022
    Motion to extend the time to file a response is granted and the time is extended to and including May 16, 2022.
  10. Mar 18 2022
    Motion to extend the time to file a response from April 15, 2022 to May 16, 2022, submitted to The Clerk.
  11. Mar 16 2022
    Response Requested. (Due April 15, 2022)
  12. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  13. Mar 01 2022
    Waiver of right of respondent Chevron Corporation, et al. to respond filed.
  14. Feb 14 2022
    Petition for a writ of certiorari filed. (Response due March 24, 2022)