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MINISTRY OF DEFENSE v. CUBIC DEFENSE SYSTEMS

Nos. 99-56380, 99-56444.

665 F.3d 1091 (2011)

The MINISTRY OF DEFENSE AND SUPPORT FOR THE ARMED FORCES OF THE ISLAMIC REPUBLIC OF IRAN, as Successor in Interest to the Ministry of War of the Government of Iran, Plaintiff-Appellee, v. CUBIC DEFENSE SYSTEMS, INC., as Successor in Interest to Cubic International Sales Corporation, Defendant-Appellant. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran, as Successor in Interest to the Ministry of War of the Government of Iran, Plaintiff-Appellant, v. Cubic Defense Systems, Inc., as Successor in Interest to Cubic International Sales Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 15, 2011.

Attorney(s) appearing for the Case

Charles A. Bird (argued) and Michelle A. Herrera , Luce, Forward, Hamilton & Scripps LLP, San Diego, CA, for Cubic Defense Systems, Inc.

Mina Almassi , Los Altos Hills, CA; Steven W. Kerekes (argued), Pasadena, CA, for the Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran.

George W. Madison , General Counsel, U.S. Department of the Treasury; Harold Hongju Koh , Legal Adviser, U.S. Department of State; Tony West , Assistant Attorney General; Laura E. Duffy , United States Attorney; Douglas N. Letter and Lewis S. Yelin , Civil Division, U.S. Department of Justice, Washington, D.C., for amicus curiae United States.

Before: ALEX KOZINSKI, Chief Judge, MICHAEL DALY HAWKINS and RAYMOND C. FISHER, Circuit Judges.

OPINION

FISHER, Circuit Judge:

These appeals require us to decide whether confirmation of an arbitration award in favor of the Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran is "contrary to the public policy" of the United States under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, known as the "New York Convention." We hold, consistent with the position of the United States as amicus curiae...

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