backNEW YORK, Aug. 3, 2016 — The Second Circuit Court of Appeals has affirmed a judgment of over $465 million in favor of King & Spalding client Corporación Mexicana de Mantenimiento Integral, S. De R.L. De C.V. (COMMISA), a subsidiary of KBR, Inc. The judgment resulted from the Southern District of New York’s confirmation under the Panama Convention of an ICC arbitration award in favor of COMMISA. The arbitration, which occurred in Mexico, arose from a contract dispute between COMMISA and Pemex-Exploración y Producción (PEP), Mexico’s state-owned oil exploration and production company, in connection with the engineering, design and construction of off-shore oil platforms.
On Tuesday, the Second Circuit held that the District Court was correct in confirming the ICC arbitration award and in refusing to give deference to a Mexican court decision annulling the award because the Mexican court decision offended basic standards of justice in the United States. The Second Circuit also held that PEP’s venue and jurisdiction objections were without merit. This is the first time an appellate court in the United States has upheld the confirmation of an arbitral award that had been annulled by a court in the country where the arbitration was held.
The King & Spalding team consisted of Richard Marooney, Charles Correll, Jeff Bucholtz, Guillermo Aguilar-Alvarez and James Berger.
About King & Spalding
Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 900 lawyers in 18 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com.