'Day After' Speaker Series
"GE v. Outokumpu: An Unusual Pathway to the Supreme Court"
Thursday, March 19, 2020 | Noon - 1 p.m. EST
Registration required
James Swinehart '82 of Clausen Miller P.C. was recently involved in the GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC case before the U.S. Supreme Court. The case bears on the enforcement of international arbitration agreements by a non-signatory. Join us for a virtual lecture with James Swinehart to discuss the case and the Court's decision.
James Swinehart
Clausen Miller P.C., Chicago, Ill.
In the GE v. Outokumpu case, motor failure at a steel plant in Calvert, Ala., initiated the dispute in 2014. The plant is owned by Outokumpu. The failed motors were manufactured in France by a predecessor to GE Energy. To equip the steel plant, Outokumpu's predecessor contracted with a company that subcontracted equipment with GE Energy. The construction contracts contained arbitration clauses. Neither GE Energy nor its predecessor signed the contracts Swinehart represents Outokumpu and eight international insurance companies that sued GE Energy to recover damages suffered from the motor failures.
The case hinges on the New York Convention and argument of equitable estoppel. Outokumpu and the insurers maintain the Convention requires a written agreement signed by the parties, which prevents the use of a non-consent-based doctrine, like equitable estoppel, to compel arbitration. Professor Ben Davis filed an amicus brief in support of their position.
Over its course, the case has been venued in multiple courts, including the Alabama state court, Alabama Supreme Court, federal district court for the Southern District of Alabama, and Eleventh Circuit Court of Appeals. The case has taken an unusual pathway to the U.S. Supreme Court with oral arguments held Jan. 21, 2020. A decision was expected by June 2020.
Swinehart specializes in first-party property coverage at Clausen Miller P.C. in Chicago. He holds a B.A. from the University of Notre Dame and a J.D. from The University of Toledo College of Law.
This free, public lecture is presented as part of the 'Day After' Speaker Series that features cases recently argued before the U.S. Supreme Court.