2nd Circ. Revives Airline's Bid To Enforce Brazil Arbitration

Law360, San Francisco (June 4, 2013, 3:17 PM EDT) -- The Second Circuit on Monday ruled that a federal court wrongly invalidated airline VRG Linhas Aereas SA's Brazilian arbitration award against private-equity funded MatlinPatterson Global Opportunity Partners over the airline's sale, because it needed to determine first whether the parties had agreed to arbitrate.

The appeals court found that the district court couldn't rule on the merits of the judgment issued by the International Chamber of Commerce's Arbitral Tribunal before it resolved the question of whether agreements between VRG and MatlinPatterson included an enforceable arbitration clause,...
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