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UNITED STATES 993
United States District Court, District of Columbia,
13 November 2018 and 23 August 2019
LLC Komstroy, as successor in interest to LLC Energoalliance v.
Republic of Moldova
UNITED STATES 993
US No. 993. LLC Komstroy, as successor in interest to LLC Energoalliance (Ukraine) v. Republic of Moldova, United States District Court, District of Columbia, Case No. 14-cv-01921 (CRC), 13 November 2018 and 23 August 2019
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses questions relating to interest on the amount due under the arbitral award, including whether the enforcement court may grant interest not granted in the award, modify interest granted in the award, and grant post-award interest.
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.
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.