Plaintiff Outokumpu Stainless USA, LLC ("Outokumpu")
contracted with F.L. Industries, Inc. ""FLI"), a
German company, to provide cold rolling mills ("CRMs"),
which are used in the production of certain steel products. FLI
later contracted with GE Energy Conversion France SAS ("GE
Energy"). Both contracts contained arbitration agreements.
Outokumpu and GE Energy became involved in a dispute over failed
CRMs. Outokumpu filed suit in Alabama state court and GE Energy
removed to Alabama federal court, and moved to compel arbitration
under the Convention on the Recognition and Enforcement of Foreign
Arbitral Awards ("New York Convention"). Outokumpu sought
to remand to state court. The District Court denied remand and
granted GE Energy's motion to compel arbitration. Outokumpu
appealed.
