United States / 13 January 2012 / U.S. Court of Appeals, D.C. Circuit / Belize Social Development Ltd. (Belize) v. Government of Belize / 10-7167
| Country | United States |
| Court | United States, U.S. Court of Appeals, D.C. Circuit |
| Date | 13 January 2012 |
| Parties | Belize Social Development Ltd. (Belize) v. Government of Belize |
| Case number | 10-7167 |
| Applicable NYC Provisions | VI | V | V(1)(e) |
| Source |
668 F.3d 724, online: PACER |
| Languages | English |
| Summary | The Prime Minister of Belize executed an accommodation agreement with Belize Telemedia Limited (“Telemedia”) on behalf of the Government of Belize. The agreement provided for arbitration under the London Court of Arbitration Rules (“LCIA Rules”). A dispute arose and Telemedia commenced arbitration proceedings pursuant to the arbitration clause. The Government of Belize did not participate in the proceedings. The Arbitral Tribunal rendered a final award on 18 March 2009, in favor of Telemedia. Telemedia assigned the monetary portion of the Final Award to Belize Social Development Limited (“BSDL”), a company incorporated in the British Virgin Islands. On 16 November 2009, BSDL filed a petition in the United States District Court for the District of Columbia to confirm and enforce the Final Award pursuant to Section 207 of the Federal Arbitration Act. By order dated October 12, 2010, the District Court granted Belize’s motion to stay the petition to confirm the award “pending resolution of the parties’ case before the Belize Supreme Court.” BSDL appealed. The United States Court of Appeals for the District of Columbia Circuit granted the petition to confirm the award. The Court found that the District Court’s stay order contravened “the clear dictates of governing law, both federal and international” and remanded the case to the District Court. In so holding, the Court noted that, in accordance with Articles V(1)(e) NYC and VI NYC, the Court “may, if it considers it proper, adjourn the decision on enforcement if an application for the setting aside or suspension of the award has been made to a competent authority . . . of the country in which, or under the law of which, that award was made”. Accordingly, the Court noted that the proceedings before Belize courts offer no basis on which to conclude that the stay of BSDL’s petition for enforcement was properly issued under the FAA or the NYC, as the award was rendered in England and under the arbitral laws of England. |
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