COMMISA v. PEP

Case Updates

The Second Circuit upheld the district court's enforcement of the international arbitral award.

In its brief, the U.S. Chamber asked the Second Circuit to uphold a district court’s ruling to enforce an arbitral award. The brief argues that proper construction of the law governing the enforcement of international arbitration awards ensures that the sovereign’s participation does not undermine the commerce promoting benefits of international arbitration. The brief asserts that in this case, the district court properly exercised its limited discretion under the Panama Convention to enforce an arbitral award vacated by Mexico’s courts. The brief also points out that the Panama Convention’s pro-enforcement bias is yet another factor which justifies the court’s decision to enforce the award.

Peter B. Rutledge represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center in this case.