UNITED STATES 10 December 2020 Commodities & Minerals Enterprise
United States District Court, Southern District of New York, 30 November 2020, as amended 10 December 2020, 1:19-cv-11654-ALC
(Commodities & Minerals Enterprise, Ltd. v. CVG Ferrominera Orinoco C.A.)
UNITED STATES 10 December 2020 Commodities & Minerals Enterprise
The Court granted confirmation of an SMA award rendered in New York, rejecting objections of lack of jurisdiction, excess of authority, and violation of public policy for alleged corruption.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
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.