On October 19, the U.S. Supreme Court declined to alter a U.S. Court of Appeals for the Fifth Circuit $62.9 million arbitration award from earlier this year 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 had previously found 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 (Soaring Wind). In 2018, the U.S. District Court for the Northern District of Texas upheld the arbitral award, leading to a Fifth Circuit appeal and, finally, a U.S. Supreme Court appeal. Bell Nunnally Partner Jeffrey S. Lowenstein represented Soaring Wind energy developer and investor Keith P. Young, and later his widow. 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.