Delta Computer Corp. v. Samsung Semiconductor & Telecommunications Co. B.S. Chung Samsung Semiconductor, Inc.

This case involves the alleged breach of a distribution contract between Delta Computer Corporation (Delta) and Samsung Semiconductor & Telecommunications Company (SST). Delta appeals from an order of the district court directing the parties to proceed to arbitration in Seoul, Korea. The district court compelled arbitration in response to a motion filed by SST pursuant to 9 U.S.C. § 206 and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Delta also appeals the district court’s stay of the proceedings in the underlying lawsuit, entered pursuant to 9 U.S.C. § 3 . The district court has retained jurisdiction to monitor this case and to enforce any arbitration award.

Delta filed its Notice of Appeal on December 18,1987. The case was not ordered submitted until almost a year later, on December 15, 1988. In the interim, on November 19, 1988, Congress enacted the Judicial Improvements and Access to Justice Act (the Act), Pub.L. 100-702, § 1019 , 102 Stat. 4670 (1988), which added a new Section 15 to Chapter 1 of the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Section 15 provides, in relevant part:

We have previously applied Section 15 retroactively to…