FOUR SEASONS HOTELS v. CONSORCIO BARR S.A.

Nos. 02-16794, 03-13418.

377 F.3d 1164 (2004)

FOUR SEASONS HOTELS AND RESORTS, B.V., Four Seasons Hotels (Barbados), Four Seasons Hotels Limited, Four Seasons Caracas, C.A., Plaintiffs-Appellants, v. CONSORCIO BARR S.A., Defendant-Appellee. Four Seasons Hotels and Resorts, B.V., Four Seasons Hotels Limited, Four Seasons Caracas, C.A., Plaintiffs-Appellees, v. Consorcio Barr S.A., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 20, 2004.


Attorney(s) appearing for the Case

Joseph M. Matthews, Coral Gables, FL, Alberto J. Xiques, Rodriguez & Machado, P.A., Coral Gables, FL, John C. Carey, Kilpatrick Stockton LLC, Miami, FL, for Plaintiffs.

Juan Jose Rodriguez, Rodriguez & Machado, Edwin G. Torres, Eduardo Palmer, Steel, Hector & Davis, LLP, Diamela del Castillo, Miami, FL, for Barr.

Before WILSON, FAY and MESKILL, Circuit Judges.


MESKILL, Circuit Judge:

These consolidated cases raise the question whether arbitration is proper where the courts of the country whose substantive law applies to the arbitration have ruled that arbitration is improper. We hold that the district judge erred in concluding that a party's participation in an arbitral proceeding constitutes a waiver of that party's right to challenge the arbitral award in court. Accordingly, we vacate the district court's order confirming...

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