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- UNITED STATES 23 July 2020 CEF Energia
UNITED STATES 23 July 2020 CEF Energia
United States District Court, District of Columbia, 23 July 2020, No. 19-cv-3443 (KBJ)
(Cef Energia, B.V., et al. v. Italian Republic)
UNITED STATES 23 July 2020 CEF Energia
The Court stayed the proceedings to enforce two SCC awards, pending annulment proceedings in Sweden, reasoning that a temporary stay was in the interest of judicial economy and international comity, especially given the significant legal issues that underlie the parties’ dispute, which arose from, and related to, European Union law.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.