China National Metal Products Import/export Company v. Apex Digital, Inc.

Apex Digital, Inc. (“Apex”) appeals an order confirming an arbitral award obtained against it following an arbitration proceeding in Beijing. It claims that the parties’ arbitration clause required China National Metal Products Import/Export Company (“China National”) to bring any claim against Apex as a counterclaim in an arbitral proceeding previously initiated by Apex in Shanghai.

Apex argues that the arbitrating body, the China International Economic and Trade Arbitration Commission (“CIE-TAC”), disregarded the parties’ arbitration clause by permitting separate arbitration of Apex’s and China National’s claims. This irregularity, Apex asserts, provides it with a defense against confirmation of the Beijing arbitral award under Article V, § 1(d) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Art. V, § 1, reprinted in 9 U.S.C.A. § 201 note (West 2000) (hereinafter, “Convention”), and Apex claims that the district court erred by recognizing and enforcing the CIETAC Beijing arbitral award. We disagree and affirm the confirmation of the award.

FACTS AND PROCEEDINGS BELOW

Apex, a U.S. importer of electronics equipment, and China National, a…