Stay of Ongoing Arbitration Not Warranted, 5th Circuit Affirms

NEW ORLEANS — A stay of arbitration is not warranted because there was no “lapse” in the appointment of arbitrators, a federal appeals court has affirmed, noting that the moving party is merely seeking to rewrite the arbitration provision at issue.

On Aug. 25, the 5th Circuit U.S. Court of Appeals agreed with the trial court that it does not have jurisdiction to consider claims that the arbitration panel deviates from the arbitration provision and is not partial, noting such complaints cannot be addressed before an award is issued.

AVIC International USA Inc. appealed a ruling by the U.S. District …