US Court of Appeals for the 5th Circuit, 1 September 2017, Daewoo International v. Thyssenkrupp Mannex (TKM) & America Metals Trading (AMT), no. 16- 30984

Daewoo, creditor of AMT, sued the latter in Louisiana seeking an order compelling it to arbitrate and an attachment of assets. Daewoo invoked the Louisiana non-resident attachment statute, which allows attachment in aid of any action for a money judgement. Daewoo obtained this attachment, yet TKM – another of AMT’s creditor – attached the same assets in Louisiana state court and intervened in the federal suit in order to vacate Daewoo’s attachment. The District court agreed with TKM and held that a suit seeking to compel arbitration cannot underlie a Louisiana non-resident attachment writ.
Nonetheless, according to the US Court of Appeals, “[i]n Louisiana, arbitral awards are convertible into money judgments in confirmation proceedings” and fall within the Louisiana non-
resident attachment statute.

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