top of page
Logo da Sequor Law

NY Judge Confirms Investment Co’s $24.5M Arbitration Award

white-background.png

26 de agosto de 2020

2 minutes read

sequor-logo-newsletter.png

Sequor Law


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.


Últimas notícias e análises

18 de mai. de 2020

1 minute read

A Mediação Na Resolução De Conflitos E A Recuperação Judicial, Comparativo Brasil X EUA

Sequor Law attorney Nyana Abreu Miller participated in a Portuguese-language webinar discussing mediation and alternative dispute.

17 de abr. de 2020

5 minutes read

COVID-19 and Cross-Border Insolvencies

Brazil’s health minister has predicted that the spread of COVID-19 would reach its peak between April and June and has warned that Brazil’s.

25 de mar. de 2020

5 minutes read

Asset recovery column: emerging minority view on delivery of subpoenas under FRCP 45

Sequor Law shareholder Leyza B. Florin and attorney Daniel Coyle in Miami discuss the emerging trend in US federal and bankruptcy courts.

19 de mar. de 2020

1 minute read

We Remain Relentless in Our Commitment to You

As COVID-19 sweeps the globe, Sequor Law continues to relentlessly pursue results for our clients during these unprecedented times. In.

bottom of page