Termorio S.A. Esp. Group LLC v. Electranta S.P.
United States Court of Appeals for the District of Columbia Circuit
487 F.3d 928 (2007)
- Written by Whitney Waldenberg, JD
Facts
Termorio S.A. Esp. Group LLC (Termorio) (plaintiff) and Electranta S.P. (defendant), both Colombian entities, entered into an agreement under which Termorio agreed to generate energy and Electranta agreed to purchase the energy. A dispute arose, which the parties submitted to arbitration in Colombia pursuant to the arbitration clause in the agreement. The arbitral tribunal issued an award in favor of Termorio. Thereafter, Colombia’s highest court nullified the arbitral award on the ground that the arbitration clause in the agreement violated Colombian law. Termorio filed suit in United States district court seeking to enforce the Colombian arbitration award pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the district court dismissed the action for failure to state a claim on which relief could be granted. Termorio appealed, arguing that the United States should enforce the award on public-policy grounds.
Rule of Law
Issue
Holding and Reasoning (Edwards, J.)
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