No. 22-608

CVG Ferrominera Orinoco, C.A. v. Commodities & Minerals Enterprise Ltd.

Lower Court: Second Circuit
Docketed: 2023-01-03
Status: Denied
Type: Paid
Response Waived
Tags: arbitration arbitration-award federal-arbitration-act federal-rules-civil-procedure federal-rules-of-civil-procedure federal-sovereign-immunities-act new-york-convention public-policy service-of-process service-of-summons
Key Terms:
Arbitration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Did the Second Circuit err in holding service of a Summons pursuant to Rule 4 of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 4, upon a party covered by the Federal Sovereign Immunities Act ('FSIA'), 28 U.S.C. § 1608, is not required in the context of a petition to confirm an arbitration award pursuant to the Federal Arbitration Act, 9 U.S.C. § 201 et seq.?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Did the Second Circuit err in holding service of a Summons pursuant to Rule 4 of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 4, upon a party covered by the Federal Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1608, is not required in the context of a petition to confirm an arbitration award pursuant to the _ Federal Arbitration Act, 9 U.S.C. § 201 et seq.? 2. Did the Second Circuit err in holding that allowing enforcement of an arbitration award on a contract was not contrary to United States public policy, pursuant to Article V(2)(b) of the New York Convention, where the agreement was procured by means of a scheme of criminal bribery, corruption, and fraud already adjudicated and confirmed by the Venezuelan courts prior to the issuance of the arbitration award?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-18
DISTRIBUTED for Conference of 2/17/2023.
2023-01-13
Waiver of right of respondent Commodities & Minerals Enterprise, Ltd. to respond filed.
2022-12-29
Petition for a writ of certiorari filed. (Response due February 2, 2023)

Attorneys

Commodities & Minerals Enterprise, Ltd.
Bruce Gordon PaulsenSeward & Kissel LLP, Respondent
Bruce Gordon PaulsenSeward & Kissel LLP, Respondent
CVG Ferrominera Orinoco, C.A.
Garth S. WolfsonMahoney and Keane, LLP, Petitioner
Garth S. WolfsonMahoney and Keane, LLP, Petitioner