Eleventh Circuit Affirms District Court Decision that Non-Signatory Parties May Enforce Arbitration Clauses Under the New York Convention

In 2007, the predecessor of Plaintiff Outokumpu Stainless USA, LLC (“Outokumpu”) entered into a series of agreements with F.L. Industries Inc. (“Fives”) for the provision of three cold rolling mills used for manufacturing and processing steel products.

The parties agreed that disputes arising from the agreements would be subject to arbitration under German law. Fives subsequently entered into a subcontracting agreement with Defendant Coverteam SAS, aka GE Energy Power Conversion France SAS, Corp. (“GE Energy”), to install motors at each of the mills. By August 2015, the motors in all three mills failed….

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