Articles Posted in US Court of Appeals for the Fifth Circuit

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Brittania-U filed suit against defendants for fraud, misrepresentation, and tortious interference with business relations arising out of a bidding process for oil leases in Nigeria. The Fifth Circuit affirmed the district court's denial of Brittania-U's motion to remand and the grant of defendants' motions to dismiss based on an arbitration provision in a confidentiality agreement between Brittania-U and Chevron. The court held that jurisdiction exists, and removal was proper, under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. 203. The court also held that the district court did not err in recognizing that the confidentiality agreement's arbitration provision delegated the question of arbitrability to the arbitrators. View "Brittania-U Nigeria, Ltd. v. Chevron USA, Inc." on Justia Law

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Father petitioned the district court to order mother to return their three-year-old daughter to Paraguay, where she lived with both parents from October 2014 to October 2016. The Fifth Circuit affirmed the district court's determination that Paraguay was the daughter's habitual residence and that mother had wrongfully removed her to the United States. The court held that the district court did not legally err in assessing the parties' shared intent about their child's habitual residence; nor did the district court clearly err in finding that they agreed that their daughter would habitually reside in Paraguay; and any purported evidentiary error was harmless. View "Cartes v. Phillips" on Justia Law