UNITED STATES 22 April 2020 Entes

United States District Court, District of Columbia, 22 April 2020, Civil Action No.: 18-2228 (RC)

(Entes Industrial Plants, Construction and Erection Contracting Co. Inc. v. The Kyrgyz Republic and The Ministry of Transport and Communications of the Kyrgyz Republic)

22 - 04 - 2020

UNITED STATES 22 April 2020 Entes

Jurisdiction United States
Summary

The case concerned the petition to confirm a Kyrgyz award. In a first decision (17 October 2019), the District Court denied the Kyrgyz Republic's forum non conveniens argument, and ordered supplemental briefing on whether the award should also be confirmed against the Kyrgyz Republic, rather than only against the Ministry. Following the supplemental briefing, the Court held that, in application of the case law in the Circuit, the Ministry was not entitled to a presumption that it was separate from the Republic and that even if it were, that presumption would be overcome because the Ministry was the Republic's agent. The Court then confirmed the award against the Republic, because the respondents had presented no reasons why the award should not be confirmed.

Related topics
106

The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).

Problems concerning the identity of a party
UNITED STATES 22 April 2020 Entes