HSMV CORP. v. Adi Ltd.

Caution

72 F. Supp. 2d 1122·1999 WL 1092680·1999 U.S. Dist. LEXIS 18712

United States District Court, Central District of CaliforniaNovember 8, 1999CV 99-08036ABC(MCX)California5,733 words

Opinion

Collins, J.

ORDER RE: PETITIONER HSMV CORPORATION’S MOTION TO VACATE ARBITRATION AWARD

Petitioner HSMV Corporation’s (“HSMV”) Motion to Vacate Arbitration Award (the “Motion”) came on regularly for hearing before this Court on November 8, 1999. After reviewing .the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that HSMV’s Motion is GRANTED

I. Background

A. The Arbitration Agreement

HSMV, a California based company, and Respondent ADI Limited (“ADI”), an Australia based company wholly owned by the Commonwealth of Australia (the “Commonwealth”), are parties to a series of agreements concerning the manufacture and delivery of all-terrain military vehicles called “Flyer” vehicles for HSMV’s cus-tomeri the Government of Singapore. In May 1996, HSMV entered into an agreement with the Government of Singapore for the supply of 29 Flyer vehicles. On May 24, 1996, HSMV and ADI entered into their first “Back to Back Agreement” relating to those vehicles. In March 1998, HSMV and the Government of Singapore entered into another agreement for the supply of 50 additional Flyer vehicles.

Disputes arose in connection with the first Back to Back…

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