UNITED STATES 22 September 2023 First Kuwaiti

United States District Court, Eastern District of Virginia, Alexandria Division, 22 September 2023, Case No. 1:23-mc-1(First Kuwaiti General Trading & Contracting W.L.L. v. Kellogg Brown & Root International, Inc.)

22 - 09 - 2023

UNITED STATES 22 September 2023 First Kuwaiti

Jurisdiction United States
Summary

The plaintiff moved to confirm five partial final awards from 2010-2012, two joint stipulations between the parties from 2009 and 2014, and a final award from 2022 to the extent it rendered enforceable the prior partial awards and stipulations. The Court granted confirmation, finding that there were no grounds for refusal under the New York Convention and the Federal Arbitration Act (FAA), which also applied as the arbitration had been held in the United States. It also held that the motion had been filed timely, within the three-year limit set by the FAA. The arbitration agreement, the Court noted, provided that the arbitral tribunal would issue final monetary awards to a party only to the extent that the total of money awards to such party exceeded the total of monetary claims filed by the other party which remained pending before the tribunal. This provision clearly contemplated, in the Court’s opinion, that a monetary award would not be issued until all claims by the parties had been adjudicated by the arbitrators.

Related topics
306

The court discusses the applicable period of limitation for seeking enforcement of an award.

Period of limitation for enforcement
UNITED STATES 22 September 2023 First Kuwaiti