Don't Reduce Arbitration To 'Sham' Proceeding, 5th Circ. Told
Law360 (May 17, 2019, 7:04 PM EDT) -- China’s state-run aerospace corporation again told the Fifth Circuit on Thursday to overturn the confirmation of a $70 million award over a soured joint venture, arguing that the prevailing companies' perspective would turn arbitrations into “sham proceedings.”
Aviation Industry Corp. of China and several related entities stood behind their challenge to a 2015 award issued against an American unit, saying renewable energy joint venture Soaring Wind Energy LLC and investor Tang Energy Group Ltd. would have the appeals court ignore the arbitral panel's uncertain jurisdiction and lopsided composition.
“The Tang claimants’ position would overturn long-standing jurisprudence concerning the need for independent judicial review...
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