The case of Jiangsu Beier Decoration Materials v. Angle World, 52 F.4th 554, (3d. Cir. 2022) 2022), teaches us the proper inquiry on confirmation of arbitration awards and perhaps the importance of the lost art of letter writing. In Jiangsu, an international dispute arose that was originally resolved by international arbitration in China and then sought to be enforced in Pennsylvania. The case is instructive on contract formation of distribution agreements and international arbitration award enforcement.

Was There an Agreement to Arbitrate Related to the Distribution Agreement?

Jiangsu is a manufacturer of flooring products based in China and Angle World is its exclusive distributor based in Pennsylvania. In June 2018, the parties signed a memorandum of understanding, under which Angle World agreed to pay Jiangsu $528,227.59 within six months (the June MOU). The June MOU did not contain an arbitration clause. On July 10, 2018, a representative from Jiangsu sent Angle World a revised agreement via email (the July MOU) which included an arbitration clause requiring arbitration before the China International Economic and Trade Arbitration Commission (CIETAC). The parties met thereafter to finalize the July MOU, but it was never signed. The July MOU had a revised payment plan and the payment plan was not fully performed. Jiangsu filed a demand for arbitration before CIETAC.

Chinese Court Decided There Was an Agreement to Arbitrate Under Chinese Law

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]