Second Circuit Might Reconsider Forum Non Conveniens And Foreign Arbitration Awards

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. This month we cover a case pending before the United States Court of Appeals for the Second Circuit involving the New York Convention and the doctrine of forum non conveniens, which allows a court to dismiss a case if it finds another forum is more appropriate. In Olin Holdings Limited v. Libya, Case No. 22-825, the State of Libya is appealing an order from the Southern District of New York (SDNY) confirming a foreign arbitral award in favor of Olin, a Cyprus-based company. Libya is appealing on the basis that it contends it did not waive sovereign immunity and did not consent to arbitrate. Libya is also contending the district court erred in denying its forum non conveniens motion. This update focuses on the forum non conveniens doctrine. Olin has argued that if the Second Circuit is inclined to consider forum non conveniens, it