TRANS CHEMICAL LTD. v. CHINA NAT. MACHINERY

No. 97-20695.

161 F.3d 314 (1998)

TRANS CHEMICAL LIMITED; et al., Plaintiffs, Trans Chemical Limited, Plaintiff-Appellee, v. CHINA NATIONAL MACHINERY IMPORT AND EXPORT CORPORATION; et al., Defendants, China National Machinery Import and Export Corporation, Defendant-Appellant. In the Matter of Mohammed H. HALIPOTO, M.D.; Zareena Halipoto, Debtors. CHINA NATIONAL MACHINERY IMPORT AND EXPORT CORPORATION, Appellant, v. TRANS CHEMICAL LIMITED, Appellee. CNMIEC, Plaintiff-Appellant, v. TCL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 8, 1998.


Attorney(s) appearing for the Case

Ronald D. Secrest, Eric J.R. Nichols, Beck, Redden & Secrest, Houston, TX, for Plaintiff-Appellee.

Edward J. Murphy, William Bruce Stanfill, Mark William Moran, Beirne, Maynard & Parsons, Houston, TX, for Defendant-Appellant.

Before KING, JOLLY and JONES, Circuit Judges.


PER CURIAM:

China National Machinery Import and Export Corporation (CMC) appeals the district court's confirmation of an arbitral award rendered against it. We affirm.

On appeal, CMC raises four issues: (1) Is CMC, a Chinese corporation, an "agent or instrumentality of a foreign state" under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1603, such that the district court had subject matter jurisdiction to confirm the arbitral award rendered against...

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