It’s not clear but the confirmation proceeding may have been underway when the claimant discovered assets in Texas and sought a maritime attachment there.

Thanks, Steve, interesting! It’s unclear to me why the award creditor would have sought the attachment in Texas without also seeking to confirm the award, as there wasn’t a strong argument for waiver. Perhaps this was a purely strategic decision driven by a need for quick action while the “location” of the funds to be attached was known.

The Southern District of New York confirmed the award (Preble-Rish Haiti, S.A. v. Republic of Haiti, 2022 WL 229701 (S.D.N.Y. Jan. 26, 2022)). That decision is on appeal. The SDNY judgment was registered in federal court in the Southern District of Texas (Case No. 4:22-mc-304). I imagine that because this occurred after the judgment appealed from to the Fifth Circuit, the court may not have considered the effect of the award confirmation to be properly before the court.

Steve