UNITED STATES 17 October 2019 Entes

● United States District Court, District of Columbia, 17 October 2019, Civil Action No.: 18-2228 (RC)

(Entes Industrial Plants, Construction and Erection Contracting Co. ... Read more

● United States District Court, District of Columbia, 17 October 2019, 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)

17 - 10 - 2019

UNITED STATES 17 October 2019 Entes

Jurisdiction United States
Summary

The case concerned the petition to confirm a Kyrgyz award. The District Court dealt with two procedural arguments made by the Kyrgyz Republic, namely, that the petition to confirm the award should be dismissed on grounds of forum non conveniens and, alternatively, it should be confirmed only against the Ministry and not against the Republic, because the Republic had not been a party to the arbitration proceedings. The Court denied the motion to dismiss for forum non conveniens, confirmed the confirmation petition against the Ministry, and ordered supplemental briefing on the application of the case law in the Circuit to the question of whether the award should also be confirmed against the Kyrgyz Republic. Following the supplemental briefing, the Court on 22 April 2020 confirmed the award (see document). 

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 17 October 2019 Entes