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Procedural Posture
This document is a Judgment issued by the United States District Court for the District of Delaware, recognizing and enforcing a foreign arbitral award pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and the Federal Arbitration Act (FAA), 9 U.S.C. §§ 201 et seq. The Petitioner sought to confirm a First Partial Award and an Addendum thereto rendered against the Respondent, PDVSA Petroleo S.A.
Court's Analysis and Findings
The Court noted that the Respondent failed to appear, respond to the petition, or comply with a prior order to show cause why the petition should not be granted as unopposed. Exercising subject matter jurisdiction under 9 U.S.C. § 203 and 28 U.S.C. § 1333, the Court evaluated the unopposed record. The Court concluded that the Petitioner had satisfied its burden for relief under 9 U.S.C. § 207 and determined that none of the enumerated defenses to enforcement under 9 U.S.C. §§ 10–11 were applicable to preclude recognition of the arbitral awards.
Decision and Operative Relief
The Court ordered that the pecuniary obligations established in the First Partial Award and its Addendum be recognized, confirmed, and entered as a judgment of the Court, carrying the same force and effect as a final judgment of a United States court of general jurisdiction. Consequently, the Court awarded the Petitioner the principal sum of US$ 3,368,320.76, alongside post-award interest accruing at a rate of 7% per annum, compounded every three months from April 14, 2023, until the date of full payment.