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