United States Second Circuit

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CBF Industria DeGusa S/A v. AMCI Holdings, Inc., 15‐1133

In consolidated appeals of actions to confirm a foreign arbitral award against defendant as alter‐egos of the then‐defunct award‐debtor, the district court's dismissal of both actions is: 1) vacated as to No.15‐1133 where the district court erred in a) determining the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards and Chapter 2 of the Federal Arbitration Act, 9 U.S.C. section 201, require appellants to seek confirmation of a foreign arbitral award before the award may be enforced by a United States District Court, and b) in holding that appellants' fraud claims should be dismissed prior to discovery on the ground of issue preclusion as issue preclusion is an equitable doctrine and appellants plausibly allege that defendants engaged in fraud; and 2) dismissed as moot as to No.15‐1146.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/02

Judges

  • POOLER

Court

  • United States Second Circuit

Counsel


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