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Bloomberg Law: Scope of Foreign Arbitration in GE Unit Case Divides Justices

January 22, 2020

O’Melveny partner Jonathan Hacker was cited for his representation of Outokumpu Stainless USA in this article about the case, GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC.

“At issue at oral argument on Tuesday in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC was whether the conventions requirement for a written agreement means that only the parties who signed the arbitration agreement can enforce it—the ceiling—or if domestic law can broaden the reach of the agreement—the floor,” Bloomberg wrote. “But even the party seeking to get out of the agreement here, Outokumpu, concedes that there are some instances where a non-party could be forced to arbitrate. That’s limited to where the non-party is essentially the signing party, like parent and subsidiary companies, O’Melveny’s Jonathan Hacker told the justices.”