Bridas S.A.P.I.C. v. Government of Turkmenistan
United States Court of Appeals for the Fifth Circuit
345 F.3d 347 (2003)
Bridas S.A.P.I.C. and other affiliated Argentinian companies (Bridas) (plaintiffs), entered into a joint-venture agreement with Turkmenneft, a production association owned by the government of Turkmenistan (government) (defendant). The government itself was not a signatory to the agreement. The joint venture created an entity called Joint Venture Keimir, which was tasked with conducting hydrocarbon operations in southwestern Turkmenistan. The agreement provided that any dispute related to the contract would be exclusively settled through arbitration. A dispute arose due to the government’s actions against Bridas. Bridas initiated an arbitration proceeding, seeking to bind the government to the arbitration agreement under theories of agency, estoppel, third-party-beneficiary doctrine, and alter-ego doctrine. The government argued that it was not a party to arbitration because it did not sign the joint-venture agreement. The arbitration panel issued several partial awards and a final award. The panel found that it had jurisdiction over the government, that the government was a proper party, and that the government had repudiated the joint-venture agreement by its actions. Bridas accepted the repudiation. The panel also awarded substantial damages to Bridas relating to the government’s repudiation. Bridas filed suit in federal district court to confirm the partial and final awards, and the government moved to vacate or modify the awards. The district court denied the motion to vacate or modify, and the government appealed to the Fifth Circuit.
Rule of Law
Holding and Reasoning (Benavides, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 707,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 707,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.