United States Second Circuit

In a dispute over a foreign arbitration award arising out of an abandoned energy project, an injunction preventing respondent from pursuing foreign litigation that the district court determined would undermine federal judgments confirming and enforcing the foreign arbitration award against respondent is affirmed despite the district court's legal error where: 1) the test set forth in China Trade & Development Corp. v. M.V. Choong Yong, 837 F.2d 33 (2d Cir. 1987), rather than the "more lenient" test used by the District court, applies to the anti-suit injunction; 2) the injunction was appropriate under the China Trade test; and 3) the district court maintained jurisdiction to protect its judgments even after the money judgment against appellant was satisfied. The injunction is modified to clarify that the injunction does not prohibit foreign confirmation proceedings contemplated by the New York Convention.

Appellate Information

• Decided 09/07/2007
• Published 09/07/2007

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  WALKER and CABRANES, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Craig D. Singer Williams & Connolly LLP, Washington, DC, (Henry Weisburg, Shearman & Sterling LLP, New York, NY;  David E. Kendall, Thomas J. Roberts, Katherine M. Turner, and John S. Williams, Williams & Connolly LLP, Washington, DC, on the brief), for Respondent-Appellant., Christopher S. Dugan (James E. Berger, Danielle W. Pierce, and Kaycee Sullivan, on the brief), Paul, Hastings, Janofsky & Walker LLP, New York, NY, for Petitioner-Appellee.