A federal judge in the Southern District of New York confirmed a $24.5 million arbitration award in favor of Hong Kong based Super Perfect Investments Ltd. against Tajikistan’s Agroinvestbank Open Joint Stock Co. The decision came after the bank failed to respond to the enforcement petition by the August 17, 2020 deadline. Judge Jesse M. Furman found no genuine issue of material fact and granted summary judgment enforcing the award.

The dispute stems from failed cotton supply contracts. In 2012, Agroinvestbank issued guarantees to Super Perfect tied to agreements for the purchase of 20,000 metric tons of cotton from Tajik company Levakan-M LLC. In February 2013, the bank issued an $11 million guarantee, which was later revised and split. When Levakan failed to deliver the cotton, Super Perfect sought payment under the $11 million guarantee. The bank refused, asserting that the original guarantee had been canceled and that a subsequent $6 million guarantee was never issued.

In July 2017, a Swiss Chambers’ Arbitration Institution panel in Geneva ruled in favor of Super Perfect. The arbitrator determined that the revised $11 million guarantee remained valid and applied an 18% interest rate. The final award totaled $11 million in damages, $12.86 million in interest, and $739,668 in legal costs.

Super Perfect petitioned the New York federal court to recognize the award under the New York Convention and Section 9 of the Federal Arbitration Act. The company argued that both the United States and Tajikistan are signatories to the Convention, giving the court subject matter jurisdiction. It also identified Agroinvestbank assets in the district, including a Citibank account, to establish quasi in rem jurisdiction and pursue enforcement.

With no opposition filed, the court confirmed the award, clearing the way for enforcement against the bank’s U.S. assets. To read the full article, click here.