June 26th, 2019

US Court of Appeals for the Fifth Circuit Opinions
Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar

Docket: 16-30984
Opinion Date: June 25, 2019
Judge: James Earl Graves, Jr.
Areas of Law: Arbitration & Mediation, Civil Procedure

On a second rehearing, the Fifth Circuit certified a question to the Louisiana Supreme Court regarding whether a suit seeking to compel arbitration is an "action for a money judgment" under Louisiana's non-resident attachment statute, La. Code Civ. Proc. art. 3542. The state court answered the certified question and held that Louisiana Code of Civil Procedure article 3542 allows for attachment in aid of arbitration if the origin of the underlying arbitration claim is one pursuing money damages and the arbitral party has satisfied the statutory requirements necessary to obtain a writ of attachment. In this case, the court held that the district court erred in finding that the Louisiana nonresident attachment statute was not available to Daewoo. The underlying action seeking to compel arbitration here was clearly an action for a money judgment under Louisiana's non-resident attachment statute.

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