United States / 14 March 2001 / United States, U.S. District Court, Eastern District of Louisiana / Consorcio Rive, S.A. de C.V. v. Briggs of Cancun, Inc. / Civ.A. 99–2204
| Country | United States |
| Court | United States, U.S. District Court, Eastern District of Louisiana |
| Date | 14 March 2001 |
| Parties | Consorcio Rive, S.A. de C.V. v. Briggs of Cancun, Inc. |
| Case number | Civ.A. 99–2204 |
| Applicable NYC Provisions | III | IV | V | V(1)(b) |
| Source |
online: PACER |
| Languages | English |
| Summary | Consorcio Rive, S.A. DE C.V. (“Rive”) and Briggs of Cancun, Inc. (“BC”) entered into an agreement by which Rive was meant to provide property and permits for BC to open a restaurant in Mexico. The agreement provided for arbitration under the rules of the Interamerican Commercial Arbitration Commission, with the seat in Mexico. A dispute arose and the arbitral tribunal rendered an award in favor of Rive. Subsequently, Rive sought enforcement of the award in the United States under the NYC, against BC and its parent company. The United States District Court for the Northern District of Louisiana enforced the award against BC but refused to order enforcement against its parent company, David Briggs Enterprises, Inc. (“DBE”). The Court held that, subject to the limited defenses to enforcement set forth in Article V NYC, Article III NYC requires a United States court to treat a foreign award as it would a domestic award. It further held that Rive had fulfilled the formal requirements for enforcement under Article IV NYC. The Court found that BC was not entitled to a defense under Article V(1)(b) NYC because it had been informed of all hearing dates and had been provided the opportunity to present its case. Lastly, it ruled that Rive had not waived its right to arbitrate by initiating criminal proceedings against BC. |
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Attachment (1)
 Original Language Adobe Acrobat PDF |
