SensorDynamics AG Entwicklungs, et al v. Memsco, LLC, No. 08-56803 (9th Cir. 2010)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 29 2010 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SENSORDYNAMICS AG ENTWICKLUNGS - UND PRODUKTIONSGESELLSCHAFT, an Austrian corporation; FRAUNHOFERGESELLSCHAFT ZUR FORDERUNG DER ANGEWANDTEN FORSCHUNG EV, an incorporated society, No. 08-56803 D.C. No. 8:08-cv-00966-DOC-AN MEMORANDUM* Petitioners - Appellants, v. MEMSCO, LLC, a California limited liability company, Respondent - Appellee. Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding Argued and Submitted December 6, 2010 Pasadena, California Before: PREGERSON, CLIFTON, and BEA, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. SensorDynamics appeals the district court order denying its petition to confirm a foreign arbitral partial award. We affirm. As this court has held, judicial review of non-final arbitration awards should be indulged, if at all, only in the most extreme cases. Pacific Reinsurance Management Corp. v. Ohio Reinsurance Corp., 935 F.2d 1019, 1022 (9th Cir. 1991) (internal quotations omitted). This guideline accords with the fundamental principle of federal procedure that a court may direct entry of a final judgment as to one or more, but fewer than all claims ... only if the court determines that there is no just reason for delay. Fed. R. Civ. Proc. 54(b). In the award at issue, the arbitration tribunal acknowledged that it is subject to change based on a number of factors during the arbitration. The award is therefore not final. Because the arbitration is set to move forward to a final decision settling all claims, and because denial of the interim relief sought presents no obstacle thereto, we find no reason in this case to depart from the general rule requiring that an arbitration award be final in order to be confirmed. AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.