Reading Room Document

Arbitration of Contract Claim by Private Commercial Bank Against the Export-Import Bank

This document discusses the authorization of arbitration for a contract claim by a private commercial bank against the Export-Import Bank (Eximbank), and whether the Department of Justice is authorized to represent Eximbank before the arbitral tribunal. The conclusion reached is that Eximbank is authorized to enter into the arbitration agreement under 12 U.S.C. § 635(a)(1), and the Department of Justice is authorized to represent Eximbank in the arbitration proceedings under 28 U.S.C. §§ 516-17, 519. The questions presented for review include whether the claim is against the United States, whether the United States has waived its sovereign immunity, and the extent of Eximbank's statutory authority to resolve contract claims by arbitration.

May 22, 1979