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United States Ninth Circuit


Infuturia Global Ltd. v. Sequus Pharms., Inc., 09-16378

A district court does not have removal jurisdiction over a case where the defendant raises an affirmative defense related to an arbitral award falling under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 38 as implemented by 9 U.S.C. section 201, because an arbitration agreement or award falling under the Convention "relates to" the subject matter of an action whenever it could conceivably affect the outcome of the plaintiff's suit.

Appellate Information

  • Decided 02/07/2011
  • Published 02/07/2011

Judges

  • SMITH

Court

  • United States Ninth Circuit

Counsel

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