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Fifth Circuit Upholds $62.9M Arbitration Ruling in Favor of Bell Nunnally Client and Renewable Energy Investor

On January 7, the U.S. Court of Appeals for the Fifth Circuit affirmed a $62.9 million arbitration award for Bell Nunnally client, Keith P. Young, against Chinese state-owned Aviation Industry Corp. of China (AVIC) and its wholly-owned subsidiary AVIC International U.S.A. The International Centre for Dispute Resolution and the American Arbitration Association previously held in 2015 that AVIC violated a not-to-compete agreement it had entered into with a group of wind energy developers in the course of its partnership with Soaring Wind Energy LLC. In 2018, the U.S. District Court for the Northern District of Texas upheld the arbitration award, leading to the Fifth Circuit appeal. Bell Nunnally Partner Jeffrey S. Lowenstein represented Soaring Wind Energy investor Young, and later his widow, during the arbitration and the subsequent appeals. Prior to joining Bell Nunnally, Senior Associate Brent A. Turman represented one of the claimants during arbitration.

To read a recap of the matter and its appeal on Law360, please click here.