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Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-17623, 17-12163 · judgment April 23, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition filed soon after the judgment below.

Questions presented

  1. Whether Section 205 of the Federal Arbitration Act confers subject-matter jurisdiction over a petition to vacate an arbitral award rendered under the New York Convention even though a petition to vacate is not an action or proceeding falling under the New York Convention as required by Section 203.

  2. Whether the Eleventh Circuit erred in holding that the exclusive grounds for vacating a New York Convention award rendered in the United Sates are the Convention’s enumeration of defenses to enforcement, and not the grounds for vacatur set forth in Chapter 1 of the Federal Arbitration Act, in conflict with four other circuit courts, and where this Court has expressly acknowledged the Chapter 1 grounds for vacatur in reviewing a similar award in BG Group, PLC v. Republic of Argentina, 572 U.S. 25 (2014). (i)

Counsel of record

For petitioner
Richard Charles Lorenzo
Hogan Lovells US LLP

For respondent
Brian Joseph Stack
Stack Fernandez & Harris, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 26 2019
    Brief of respondent Del Monte International GMBH in opposition filed.
  4. Jul 22 2019
    Petition for a writ of certiorari filed. (Response due August 26, 2019)