Articles Posted in U.S. Court of Appeals for the District of Columbia Circuit

After an arbitral tribunal in London found the Government of Belize in breach of a settlement agreement with The Bank of Belize Limited, the tribunal ordered that Belize pay the Bank a substantial monetary award. Belize subsequently petitioned for enforcement of the award in district court. The district court granted the petition and Belize appealed, raising multiple challenges. The court accorded Belize's arguments full consideration after careful examination of the record and found them either largely asked and answered by Circuit precedent, or otherwise properly resolved by the district court. The court rejected Belize's argument that the district court's enforcement of the arbitral award violated the New York Convention because it was "contrary to the public policy of" the United States pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, art. V(2)(b), 21 U.S.T. 2517, T.I.A.S. 2517, T.I.A.S. No. 6997, 330 U.N.T.S. 3 (1970); 9 U.S.C. 207. Accordingly, the court affirmed the judgment. View "Belize Bank Limited v. Government of Belize" on Justia Law

After ENPH filed under a power purchase agreement (PPA) for arbitration by the ICC, the ICC issued an award in ENPH's favor. Nigeria now appeals from the order granting enforcement of the Award. The court rejected Nigeria's contention that enforcement of the Award violates the public policy of the United States not to reward a party for fraudulent and criminal conduct pursuant to Article V(2)(b) of The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (known as the “New York Convention”), 21 U.S.T. 2517. The court rejected Nigeria's contention, concluding that the ICC’s findings, to which an enforcing court owes substantial deference, doom Nigeria’s public policy defense in the absence of evidence or equities warranting the piercing of Enron’s corporate veil. Accordingly, the court affirmed the judgment. View "Enron Nigeria Power Holding, Ltd. v. Federal Republic of Nigeria" on Justia Law

Diag Human appealed the district court's dismissal, sua sponte, of its claim for enforcement of a foreign arbitral award for lack of subject matter jurisdiction. The court found for Diag Human on both of the contested Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1605(a)(6), issues here: Diag Human and the Czech Republic shared a legal relationship, and their arbitration “may” be governed by the New York Convention. Therefore, the Czech Republic is not entitled to sovereign immunity in this matter under the FSIA’s arbitration exception. Here, Diag Human’s relationship with the Czech Republic qualifies as a commercial legal relationship, and the arbitration at issue here arises out of that commercial legal relationship. Because a legal basis exists for federal courts to enforce this arbitration award, the court concluded that subject matter jurisdiction exists. Whether the arbitration award is final will be a question going to the merits of the case, as it could determine whether the arbitration award can be enforced or not. The court expresses no view on the matter. Accordingly, the court reversed and remanded for further proceedings. View "Diag Human S.E. v. Czech Republic - Ministry of Health" on Justia Law