Thai-Lao Lignite (Thailand) Co., Ltd. v. Government of the Lao People’s Democratic Republic, No. 14-597 (2d Cir. 2017)Annotate this Case
Fed. R. Civ. P. 60(b)(5) applies to a district court's consideration of a motion to vacate a judgment enforcing an arbitral award that has since been annulled in the primary jurisdiction. In this case, petitioners submitted to arbitration in Malaysia a commercial dispute arising from the terminations by Laos of contracts granting TLL rights to mine lignite. An arbitral panel found Laos in breach and awarded petitioners approximately $57 million. Petitioners subsequently began enforcement actions under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Petitioners received judgment in their favor in the United States and United Kingdom. In 2012, the arbitral award was set aside. The Second Circuit affirmed the district court's order vacating the United States judgment, holding that the district court did not exceed the permissible bounds of its discretion under the facts of this case. The court also held that the district court did not exceed the permissible bounds of its discretion in refusing to order Laos to post security during the pendency of its Rule 60(b) motion and any subsequent appeals, nor did it err by refusing to enforce the English judgment.