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Grupo Unidos por el Canal, S.A., et al. v. Autoridad del Canal de Panama

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-14408 · judgment August 18, 2023


Certiorari denied · March 25, 2024
Pre-decision estimate: 16% cert probability (95% interval 11%–23%)

Before the decision, about 3.9× 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 a dissent in the court below (flagged in the petition).

Questions presented

  1. What is the standard for determining whether an arbitrator’s failure to disclose constitutes evident partiality justifying vacatur of the arbitral award under the Federal Arbitration Act, 9 U.S.C. § 10(a)(2)?

  2. Whether an arbitrator’s failure to disclose relationships with a party’s counsel or a partyappointed arbitrator constitutes evident partiality.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Jeremy Charles Marwell
Vinson & Elkins LLP

Case

Conference history
Distributed for 1 conference

Linked docket
23A369

Proceedings

  1. Mar 25 2024
    Petition DENIED.
  2. Mar 06 2024
    DISTRIBUTED for Conference of 3/22/2024.
  3. Mar 05 2024
    Reply of petitioners Grupo Unidos por el Canal S.A., et al. filed. (Distributed)
  4. Feb 20 2024
    Brief of respondent Autoridad del Canal de Panama in opposition filed.
  5. Dec 26 2023
    Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2024.
  6. Dec 22 2023
    Motion to extend the time to file a response from January 18, 2024 to February 20, 2024, submitted to The Clerk.
  7. Dec 15 2023
    Petition for a writ of certiorari filed. (Response due January 18, 2024)
  8. Oct 24 2023
    Application (23A369) granted by Justice Thomas extending the time to file until December 16, 2023.
  9. Oct 20 2023
    Application (23A369) to extend the time to file a petition for a writ of certiorari from November 16, 2023 to December 18, 2023, submitted to Justice Thomas.