David Gallo Co-authors Amicus Brief in Eleventh Circuit Case Regarding Standards for Vacating International Arbitration Awards

David Gallo, along with Glenn Hendrix of Arnall Golden Gregory LLP, authored an amicus brief urging the Eleventh Circuit Court of Appeals to uphold Circuit precedent barring courts from vacating international arbitration awards rendered in the U.S. under domestic vacatur standards. The amicus brief was submitted on August 15, 2022 on behalf of the Atlanta International Arbitration Society (AltAS) in the case of Corporación AIC, SA v. Hidroelectrica Santa Rita S.A., 20-13039. The Court accepted AtlAS’s amicus brief on August 26, 2022.

In May of this year, a three-judge Eleventh Circuit panel in Corporación reluctantly held that the Federal Arbitration Act’s Chapter 1 domestic standards for vacatur (see 9 U.S.C. § 10) do not apply to an international arbitration award issued in the U.S., finding itself bound by the Circuit’s earlier Industrial Risk decision that held the same. But the panel signaled that en banc reconsideration may be appropriate to determine whether the Eleventh Circuit is out of step with the U.S. Supreme Court and its sister Circuits. The losing party promptly accepted the invitation and moved for en banc reconsideration.

In opposing reconsideration, AtlAS argued that the relevant federal statutes, as well as leading commentary and business considerations, compel the conclusion that Industrial Risk was correctly decided and that international arbitration awards issued the U.S. may only be vacated on the grounds set forth in Article V of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which has been incorporated into U.S. law at Chapter 2 of the Federal Arbitration Act. For this reason, AtlAS asked the Court to leave Industrial Risk in place and decline the request for en banc reconsideration of its Corporación decision.


About the Arbitration Blog

This blog is a user-friendly resource for businesses and individuals who find themselves faced with issues involving arbitration.  Perhaps you want to include an arbitration clause in your contract, or you are being asked to sign a contract with an arbitration clause.  Maybe a dispute has arisen and you want to begin arbitration proceedings but you are not sure whether your arbitration clause covers the dispute (hint: it usually does).  Perhaps you received a subpoena for documents in connection with an arbitration in which you are not otherwise involved.  This blog provides you with answers to simple questions and will help you ask the right questions when confronted with more complex issues.

Among other topics, we cover how to draft an arbitration clause and what to expect in arbitration proceedings.  We discuss the differences and similarities among arbitrations governed by Georgia law, federal law, and international law.  We explore—in layman’s terms, whenever possible—the Georgia Arbitration Code, the Federal Arbitration Act, transnational law, and decisions from Georgia’s state courts, Georgia’s federal district courts, the U.S. Court of Appeals for the Eleventh Circuit, the U.S. Supreme Court, and foreign tribunals.  We provide toolkits and checklists you can use to navigate everyday arbitration issues.  We discuss the various contexts and industries in which we have handled arbitration issues for our clients, including:

  • Breach of Contract
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  • Technology
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We are available and eager to discuss your arbitration issues with you.


Attorneys at Krevolin & Horst with extensive arbitration experience: