No. 22-608

CVG Ferrominera Orinoco, C.A. v. Commodities & Minerals Enterprise Ltd.

Lower Court: Second Circuit
Docketed: 2023-01-03
Status: Denied
Type: Paid
Response Waived
Tags: arbitration arbitration-award federal-arbitration-act federal-rules-civil-procedure federal-rules-of-civil-procedure federal-sovereign-immunities-act new-york-convention public-policy service-of-process service-of-summons
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Did the Second Circuit err in holding service of a Summons pursuant to Rule 4 of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 4, upon a party covered by the Federal Sovereign Immunities Act ("FSIA"), 28 U.S.C. § 1608, is not required in the context of a petition to confirm an arbitration award pursuant to the Federal Arbitration Act, 9 U.S.C. § 201 et seq.?

2. Did the Second Circuit err in holding that allowing enforcement of an arbitration award on a contract was not contrary to United States public policy, pursuant to Article V(2)(b) of the New York Convention, where the agreement was procured by means of a scheme of criminal bribery, corruption, and fraud already adjudicated and confirmed by the Venezuelan courts prior to the issuance of the arbitration award?

Question Presented (AI Summary)

Did the Second Circuit err in holding service of a Summons pursuant to Rule 4 of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 4, upon a party covered by the Federal Sovereign Immunities Act ('FSIA'), 28 U.S.C. § 1608, is not required in the context of a petition to confirm an arbitration award pursuant to the Federal Arbitration Act, 9 U.S.C. § 201 et seq.?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-18
DISTRIBUTED for Conference of 2/17/2023.
2023-01-13
Waiver of right of respondent Commodities & Minerals Enterprise, Ltd. to respond filed.
2022-12-29
Petition for a writ of certiorari filed. (Response due February 2, 2023)

Attorneys

Commodities & Minerals Enterprise, Ltd.
Bruce Gordon PaulsenSeward & Kissel LLP, Respondent
CVG Ferrominera Orinoco, C.A.
Garth S. WolfsonMahoney and Keane, LLP, Petitioner