UNITED STATES 11 September 2026 Enka Renewables

United States District Court, District of Columbia, 11 September 2026, Case No. 25-cv-00125 (APM)

(Enka Renewables, LLC v. Georgia)

11 - 09 - 2026

UNITED STATES 11 September 2026 Enka Renewables

Jurisdiction United States
Summary

The Court granted confirmation of an ICC award. It dismissed: Georgia’s claim of forum non conveniens, finding that, under circuit precedent, this defence was not available in proceedings to confirm a foreign award; Georgia’s motion to stay proceedings pending an annulment action against the award in France, holding that both the factors to be considered when deciding on a stay  – the general objectives of arbitration (the expeditious resolution of disputes and the avoidance of protracted and expensive litigation) and the status of the foreign proceedings – weighed against a stay in the present case; and Georgia’s defenses under the New York Convention, finding that the record showed that the arbitral tribunal had violated neither Georgia’s right to due process nor the parties’ agreement when calculating damages. The Court also dismissed as unproven the claim that confirmation would violate the US public policy interest in respecting the right of other nations to control the extraction and processing of natural resources within their own sovereign territories.

Related topics
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
UNITED STATES 11 September 2026 Enka Renewables