United States Second Circuit

In an appeal from the district court's order confirming a final arbitral award in favor of petitioner and denying respondent's cross-motion to vacate, the order is affirmed where: 1) the arbitration panel did not manifestly disregard the law either by failing to give preclusive effect to Ukrainian court judgments that the parties' dispute was not arbitrable because respondent's agent lacked authority to execute the agreement giving rise to the dispute, or by failing to require a trial to determine the agreement's arbitrability; and 2) the agreement was arbitrable as a matter of law because the respondent's agent had the apparent authority to execute it.

Appellate Information

• Decided 10/08/2009
• Published 10/08/2009

Judges

• SACK, Circuit Judge:, Before:  SACK and PARKER, Circuit Judges, and STANCEU, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Ronald S. Rolfe, Cravath, Swaine & Moore LLP, New York, NY, for Additional Contemnors-Appellants.


• For Appellees:
  
• Robert L. Sills, Orrick, Herrington & Sutcliffe LLP (Jay K. Musoff, of counsel), New York, NY, for Petitioner-Appellee., Pieter Van Tol, Lovells LLP (Gonzalo S. Zeballos, of counsel), New York, NY, for Respondent-Appellant.