Tag Archives: New York Convention

Case of the Day: Albaniabeg Ambient v. Enel

The case of the day is Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. (S.D.N.Y. 2016). BEG S.p.A., an Italian company, contracted with the government of Albania to build and operate a hydroelectric plant. BEG also had a contract with Enel S.p.A., another Italian firm, to study the feasibility of the project. Later, BEG had a similar contract with Enelpower S.p.A., an Enel subsidiary. The Enelpower contract had an agreement to arbitrate.

A dispute arose. BEG commenced an arbitration against Enelpower for breach of contract. The tribunal, seated in Rome, found that Enelpower was not liable to BEG. The Italian courts refused to vacate the award despite a claim that one of the arbitrators had a conflict of interest.

Later, Albaniabeg, a subsidiary of BEG, brought an action against Enel and Enelpower in the Albanian court. The claims were tort claims arising out of the hydroelectric project. The Albanian court entered a judgment for more than € 25 million against Enel and Enelpower, which was affirmed on appeal. The European Court of Human Rights rejected Enel and Enelpower’s challenge to the judgment.

Albaniabeg brought an action in the New York Supreme Court for recognition of the Albanian judgment. Continue reading Case of the Day: Albaniabeg Ambient v. Enel

Case of the Day: Continental Transfert Technique v. Nigeria

The case of the day is Continental Transfert Technique Ltd. v. Federal Government of Nigeria (D.C. Cir. 2015). I last wrote about the case in August 2011. In 1999, Continental, a Nigerian corporation, made a contract with Nigeria’s Ministry of the Interior to create a computerized residence permit and alien card system. After disputes about the contract arose, Continental initiated an arbitration in London, pursuant to the contract. The arbitrators entered an award in favor of Continental in 2008 for ₦ 29.6 billion. Continental sought recognition and enforcement of the award in Washington. Here was my earlier summary of what happened next.
Continue reading Case of the Day: Continental Transfert Technique v. Nigeria