Seung Woo Lee v. Imaging3, Inc.

MEMORANDUM *

Appellant Imaging3 appeals the district court’s order granting summary judgment *491 to plaintiffs, Seung Woo Lee and Gil Soo Ryu, who sued in their capacities as receivers for Medison Company, a South Korean Corporation (collectively, “Medison”). Medison sued Imaging3 seeking to enforce an arbitration award issued by the Korean Commercial Arbitration Board (“KCAB”) to resolve a commercial dispute between Medison and Imaging3 involving the sale and delivery of “C-arms” for use in medical imaging devices. Imaging3 answered with thirty-seven defenses and filed counterclaims, primarily contesting the substance of the claim that was adjudicated before the KCAB. The district court granted summary judgment to Medison, concluding that Imaging3’s defenses were beyond the scope of the district court’s discretion concerning the confirmation of foreign arbitral awards and that the counterclaims were precluded because the dis-positive issues had been litigated in the foreign arbitration. The district court confirmed the KCAB award. Imaging3 timely appealed, and we now affirm.

Around November 1, 2000, Medison and Imaging3 entered a written agreement in which Medison agreed to…