Supreme Court of the United States · Official docket →
CVG Ferrominera Orinoco, C.A. v. Commodities & Minerals Enterprise Ltd.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-4248 · judgment October 3, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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.?
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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?
Counsel of record
For petitioner
Garth S. Wolfson
Mahoney and Keane, LLP
For respondent
Bruce Gordon Paulsen
Seward & Kissel LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 21 2023Petition DENIED.
- Jan 18 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 13 2023Waiver of right of respondent Commodities & Minerals Enterprise, Ltd. to respond filed.
- Dec 29 2022Petition for a writ of certiorari filed. (Response due February 2, 2023)