CBF Industria De Gusa S/A v. AMCI Holdings, Inc., No. 15-1133 (2d Cir. 2017)Annotate this Case
CBF, appellants and award-creditors, challenged the district court's two judgments dismissing CBF's initial action to enforce and subsequent action to confirm a foreign arbitral award against appellees as alter-egos of the then defunct award-debtor. The court granted appellees' petition for rehearing for the limited purpose of vacating the original decision and simultaneously issuing this amended decision to correct the court's instructions to the district court with regards to the applicable law for an enforcement action at Section I.c., infra. In No. 15‐1133, the court held that the district court both (1) erred in determining that the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Chapter 2 of the Federal Arbitration Act, 9 U.S.C. 201 et seq., require appellants to seek confirmation of a foreign arbitral award before the award may be enforced by a United States District Court and (2) erred in holding that appellants' fraud claims should be dismissed prior to discovery on the ground of issue preclusion as issue preclusion was an equitable doctrine and appellants plausibly alleged that appellees engaged in fraud. Therefore, the court vacated the judgment and remanded for further proceedings. In 15‐1146, the court held that the appeal of the judgment dismissing the action to confirm was moot and accordingly dismissed that appeal.
This opinion or order relates to an opinion or order originally issued on January 18, 2017.