Dalian Shanhai Seafood Co. v. Hong Chang Corp.
Docket: No. 08-55088
Court: Court of Appeals for the Ninth Circuit; April 30, 2009; Federal Appellate Court
The district court upheld the validity of the second arbitration award in favor of Dalian Shanhai, rejecting Hong Chang's claim that the first arbitrator's dismissal for lack of jurisdiction precluded the second award. The first arbitrator's authority to determine jurisdiction, as outlined in Article 6 of the China International Economic and Trade Arbitration Commission Rules, meant that the merits of the case were not addressed. Hong Chang failed to identify any valid grounds under Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards for challenging the second award. Consequently, the district court's confirmation of the award was deemed appropriate. The decision is affirmed and noted as not suitable for publication or precedent, except as specified by 9th Cir. R. 36-3.