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Arbitration Act Updates Are Congress Domain, DC Circ. Told
Law360 (April 26, 2021, 7:44 PM EDT) The Dominican Republic told the D.C. Circuit it should not revive two missionaries $39.5 million claim over a scrapped luxury real estate project because service requirements for foreign sovereigns are for Congress, not the courts, to decide.
The Caribbean nation pushed back in a nearly 70-page brief Friday after Michael and Lisa Ballantine argued this month that the lower court was overly strict in interpreting a provision of the Federal Arbitration Act requiring service on a foreign nation within three months.
Section 12 of the FAA has an unambiguous deadline for service when parties are seeking to vacate an arbitration ruling,.
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Couple Says Dominican Republic Claim Should Be Revived
Law360 (April 6, 2021, 9:30 PM EDT) Two missionaries looking to revive their $39.5 million claim against the Dominican Republic over a scrapped luxury real estate project are arguing before the D.C. Circuit that a lower court interpreted a service deadline for foreign sovereign nations too narrowly.
U.S. District Judge Timothy J. Kelly ruled last year that Michael and Lisa Ballantine had missed a three-month deadline to serve the Dominican Republic their petition seeking to vacate an arbitral award, in which an international tribunal dismissed their claim against the Caribbean nation on jurisdictional grounds.